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Davis v. Donner

Supreme Court of California
Dec 12, 1889
82 Cal. 35 (Cal. 1889)

Opinion

         Department Two

         Hearing in Bank denied.

         Appeal from an order of the Superior Court of Contra Costa County refusing to set aside an order for a writ of assistance.

         COUNSEL:

         A. H. Griffith, for Appellants.

          W. S. Tinning, Aylett R. Cotton, and W. H. H. Hart, for Respondents.


         OPINION

         THE COURT

         This is an appeal from an order refusing to set aside an order for a writ of assistance. The order that a writ of assistance issue was a special order made after final judgment, and therefore an appeal might have been taken from it. ( Code Civ. Proc., sec. 963.)          " But defendants do not appeal from that order. They made a motion to set aside that order, and then appeal from the refusal to grant their motion. This is certainly not revisable; it is the mere negative action of the court declining to disturb its first decision. It is the decision which is the proper subject of complaint, and the refusal to alter it any number of times would not make it less so." (Henly v. Hastings , 3 Cal. 341; Cal. S. R. R. Co. v. S. P. R. R. Co ., 65 Cal. 295.)

         Appeal dismissed.


Summaries of

Davis v. Donner

Supreme Court of California
Dec 12, 1889
82 Cal. 35 (Cal. 1889)
Case details for

Davis v. Donner

Case Details

Full title:DAVID DAVIS et al., Respondents, v. JOHN DONNER et al., Appellants

Court:Supreme Court of California

Date published: Dec 12, 1889

Citations

82 Cal. 35 (Cal. 1889)
22 P. 879

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