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Lindley v. Superior Court

Supreme Court of California,In Bank
Nov 30, 1903
141 Cal. 220 (Cal. 1903)

Summary

In Lindley v. Superior Court, 141 Cal. 220, [ 74 P. 765, it is said: "If, as contended, the superior court is without jurisdiction, there is, of course, a remedy by appeal for any adverse judgment affecting petitioner, and it is not sufficient ground for interfering by prohibition that the trial will be expensive and troublesome."

Summary of this case from Arfsten v. Superior Court

Opinion

S.F. No. 3777.

November 30, 1903.

PETITION for Writ of Prohibition to the Superior Court of Siskiyou County. J.S. Beard, Judge.

The facts are stated in the opinion of the court.

E.S. Pillsbury, J.F. Farraher, and Pillsbury, Madison Sutro, for Petitioners.

The petitioners were entitled to have the action dismissed, and prohibition will lie to prevent a trial of it. (Keystone Driller Co. v. Superior Court, 138 Cal. 738; White v. Superior Court, 126 Cal. 245; Modoc Land etc. Co. v. Superior Court, 128 Cal. 255; Hopkins v. Superior Court, 136 Cal. 552; Anderson v. Superior Court, 122 Cal. 216; Siebe v. Superior Court, 114 Cal. 551.)


The petition in this case is for a writ prohibiting the superior court from proceeding to the trial of an action in which the petitioner is a defendant. If, as contended, the superior court is without jurisdiction, there is of course a remedy by appeal for any adverse judgment affecting petitioner, and it is not sufficient ground for interfering by prohibition that the trial will be expensive and troublesome.

The establishment of a rule allowing a resort to the writ of prohibition on that ground would involve too serious and too frequent interruption to the business of the court.

Writ denied.


Summaries of

Lindley v. Superior Court

Supreme Court of California,In Bank
Nov 30, 1903
141 Cal. 220 (Cal. 1903)

In Lindley v. Superior Court, 141 Cal. 220, [ 74 P. 765, it is said: "If, as contended, the superior court is without jurisdiction, there is, of course, a remedy by appeal for any adverse judgment affecting petitioner, and it is not sufficient ground for interfering by prohibition that the trial will be expensive and troublesome."

Summary of this case from Arfsten v. Superior Court

In Lindley v. Superior Court, 141 Cal. 220, [ 74 P. 765], the petition was for a writ prohibiting the superior court from proceeding to the trial of an action in which the petitioner was defendant.

Summary of this case from Hubbard v. Justice's Court of San Jose Township
Case details for

Lindley v. Superior Court

Case Details

Full title:HERVEY LINDLEY, and POKEGAMA SUGAR PINE LUMBER COMPANY, Petitioners, v…

Court:Supreme Court of California,In Bank

Date published: Nov 30, 1903

Citations

141 Cal. 220 (Cal. 1903)
74 P. 765

Citing Cases

Hubbard v. Justice's Court of San Jose Township

(Sec. 771.) The same doctrine is upheld in the following cases: Murphy v. Superior Court, 84 Cal. 592, [24 P.…

Hamberger v. Police Court of the City of Fresno

The ruling of the court was clearly correct. The writ of prohibition will not issue to an inferior tribunal…