gno.law

Herron v. Superior Court

California Court of Appeal · Docket No. 6505. · 1928-10-26 · Published · 271 P. 514 · 94 Cal. App. 510 · 1928 Cal. App. LEXIS 621

William F. Herron v. Superior Court of the City and County of San Francisco

Outcome
writ denied — APPLICATION for a Writ of Prohibition to restrain the Superior Court of the City and County of San Francisco from hearing contempt proceedings. Walter Perry Johnson, Judge. Writ denied. The facts are stated in the opinion of the court.
Area
civil

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.

[1] This is an original application for a writ of prohibition to restrain the respondent Superior Court from hearing proceedings upon an accusation of contempt based upon the petitioner's alleged interference with a receiver appointed by order of the Superior Court.

The theory of the petitioner is that he was in possession of the premises occupied by the receiver under a claim of right. This is a question of fact which must be tried by the respondent court in the contempt proceedings. (Goodrich v. SuperiorCourt, 92 Cal.App. 695 [268 P. 669].)

The petition is denied.

Cites, in this corpus