Luce v. Superior Court
LUCE v. SUPERIOR COURT, etc.
- Proceeding
- writ
- Outcome
- other — The demurrer is sustained, and the alternative writ heretofore issued is discharged.
- 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.
Petition for a writ of prohibition. Demurrer to the petition. The question is: Can a court fore*168close a mortgage, and, on such foreclosure, order a sale of personal property included in the mortgage, which property was in fact exempt by law from sale under execution? In such a case, we see no reason whatever for the issuance of a writ of prohibition. If any error has occurred, it can be reviewed on appeal.
The demurrer is sustained, and the alternative writ heretofore issued is discharged.