Flaherty v. Kelly
RICHARD FLAHERTY v. JOHN W. KELLY
- 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
By the Court:
It is settled that a District Court has no jurisdiction- do enjoin a judgment rendered in another District Court. (Crowley v. Davis, 37 Cal. 269.)
The circumstance that the judge of the court in which the judgment sought to be enjoined was rendered, is disqualified to sit in the case, does not constitute an exception to the rule. The case must, under such circumstances, be brought in the court in which the judgment was, rendered, and there dealt with as any other case pending in a court in which the judge is disqualified.
Judgment and order affirmed.