County of San Joaquin v. Superior Court
COUNTY OF SAN JOAQUIN v. THE SUPERIOR COURT OF SAN JOAQUIN COUNTY
- 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 This is an original proceeding by mandamus to compel the superior court of Sau Joaquin County to change the place of trial of an action of ejectment to which the judge of said court are parties defendant.
A motion to change the place of trial was made and promptly overruled. The proper remedy of the petitioner was an appeal from that order. In such cases mandamus is only proper when the court refuses or unreasonably delays to decide the motion, as in Krumdick v. White, 32 Pac. Rep. 800, and Livermore v. Brundage, 64 Cal. 299. But when the motion is overruled without delay, an appeal from the order affords a complete remedy, aud if the case is for any reason one of urgency the hearing of the appeal can be expedited so as to reach a decision as soon as it can be reached in an original proceeding.
Proceeding dismissed.
Cites, in this corpus
- Krumdick v. Crump 15275 · 1893-04-08
- Livermore v. Brundage · 1883-11-16
Cited by
- Scott v. Superior Court Docket No. 5557. · 1927-05-11