gno.law

In Re Burt

California Court of Appeal · Civ. No. 1071. · 1911-10-25 · Published · 119 P. 674 · 17 Cal. App. 309 · 1911 Cal. App. LEXIS 80

In the Matter of the Application of W. J. Burt for a Writ of Prohibition.

Proceeding
writ
Trial court
Superior Court of Los Angeles County
Outcome
other — The facts are stated in the opinion of the court. [Civ. No. 1071. Second Appellate District. October 25, 1911.] In the Matter of the Application of W. J. BURT for a Writ of Prohibition. Prohibition—Eight op Appeal prom Superior Court.—A writ of prohibition will not be issued by the district court of appeal where it affirmatively appears from the petition for the writ that a proceeding in prohibition involving the same matter was instituted in a superior court within the appellate district, and the writ was there denied, which judgment has not become final, the time for appealing therefrom not having elapsed. Id.—Jurisdiction op Appellate Court in Prohibition.—Under the constitution this court has appellate jurisdiction in prohibition; and while it also has original jurisdiction therein, it will not exer
Area
other
Panel
The Court. &#8212 (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

THE COURT.

It affirmatively appears from the petition filed that a proceeding in prohibition involving the same matter was instituted in the superior court of Los Angeles county, a hearing had therein and writ denied, which judgment has not yet become final, the time for appeal not having elapsed. Under the constitution of this state, this'court has appellate jurisdiction in prohibition, and while it also has original jurisdiction in such proceedings, it will not exercise the same where the petitioner possesses the right of appeal from a judgment had in the court where the original proceeding was commenced. Under rule XXVI of the supreme court, [144 Cal. 1, 78 Pac. xi], this court will not issue writs of the character herein prayed for, in the absence of some showing rendering it proper that the writ should issue from this court. Here petitioner elected to proceed in the superior court, and the action of this court can only be had by a review on appeal from the judgment there rendered. It is apparent, therefore, considering the constitution and the rule above referred to, that this court should, under the circumstances of this case, exercise its authority in refusing to issue the original writ.

Writ denied.

Cites, in this corpus

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