Summary
In Temple v. Superior Court, 70 Cal. 211, [10 P. 699], mandate was sought to compel the superior court to hear a contempt proceeding which it had refused to do, and this court declared: "Under such circumstances the court cannot, by holding without reason that it has no jurisdiction of the proceeding, divest itself of jurisdiction, and evade the duty of hearing and determining it."
Summary of this case from Inglin v. HoppinOpinion
Department Two
Proceeding for a writ of mandate to compel the Superior Court of Los Angeles County to hear and determine a proceeding to have one Newman, a defendant in an action brought to recover the possession of certain land, adjudged guilty of contempt for re-entering upon the land from which he had been ejected under an execution issued in the action. The court dismissed the proceeding on the ground that it was barred by section 336 of the Code of Civil Procedure, in not having been commenced within five years after the date of the judgment. The appeal from the order of dismissal is reported supra, p. 210.
COUNSEL:
Glassell, Smith & Patton, for Petitioners.
J. M. Damron, Wells, Van Dyke & Lee, and Brunson & Wells, for Respondents.
JUDGES: Thornton, J. McKee, J., and Sharpstein, J., concurred.
OPINION
THORNTON, Judge
This is an application for a writ of mandate to compel the Superior Court of Los Angeles County, Judge W. A. Cheney presiding, to hear a charge of contempt of court made against one B. Newman, which that court had refused to hear, and has dismissed on the ground of want of jurisdiction. We have examined the record, and are of opinion that the matter is within the jurisdiction of the court. The facts stated bring the case clearly within section 1210 of the Code of Civil Procedure, and under such circumstances the court cannot, by holding without reason that it has no jurisdiction of the proceeding, divest itself of jurisdiction, and evade the duty of hearing and determining it. The prayer of the petition should be granted, and it is so ordered.