gno.law

Peralta v. Adams

California Supreme Court · · 1852-10-15 · Published · 2 Cal. 594

VINCENTE PERALTA v. ESOM ADAMS

Area
civil
Panel
Heydeneeldt (author)

Analysis

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Opinion — Heydeneeldt

Heydeneeldt, Justice, delivered the opinion of the Court; Murray, Chief Justice, concurring.

A mandamus is not the proper remedy where an inferior Court refuses to enter a judgment for costs. The party complaining has the right to appeal from such a defective judgment, or he may resort to his action for the costs.

The judgment of the District Court is reversed with costs.