McCue v. Superior Court

JAMES S. McCUE v. SUPERIOR COURT OF MARIN COUNTY

McCue v. Superior Court, 12 P. 615 (Cal. 1887)

Court: California Supreme Court · State Highest Courts
Decided: January 14, 1887
Docket: No. 11802
Judges: McFarland
Citations: 12 P. 61571 Cal. 5451887 Cal. LEXIS 418

Cited by 6

Headnotes

Certiorari—Appealable Judgment or Order cannot be Reviewed on. —A writ of certiorari will not lie to review an appealable judgment or order either before or after the expiration of the time limited by law for appealing therefrom.

Summary

Application for a writ of certiorari to review an order' of the Superior Court of Marin County modifying a judgment which had theretofore been rendered in favor of the petitioner in a certain action entitled McCue v. Tunstead. At the date of the application for the writ, the time limited by law for appealing from the order had expired.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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The Court.

The writ must be dismissed. The writ will not lie where there is an appeal, and if there is an appeal, but the time for taking it has elapsed, the writ . will not lie. (In re Stuttmeister, ante, p. 322; Miliken v. Huber, 21 Cal. 166 ; Bennett v. Wallace, 43 Cal. 25 .)

Writ dismissed.

McFarland, J., concurring.

I concur in the judgment; but in my opinion there might be a case where, on account of unusual circumstances, a writ of review' would lie although there had been, at one time, a right of appeal, — as intimated in Kimple v. Superior Court of San Francisco, 55 Cal. 136 .

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

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Relies on it most ⓘ

Simmons v. Superior Court341 P.2d 13 (Cal. 1959)
State Board of Equalization v. Superior Court70 P.2d 482 (Cal. 1937)
Chapman v. Justice Court of Tonopah Township29 Nev. 154 (1906)
Associated Credit Exchange v. Barnett259 P. 95 (Cal. Ct. App. 1927)
Hall v. Justice's Court89 P. 870 (Cal. Ct. App. 1907)
Maidenberg v. Justice's Court163 P. 872 (Cal. Ct. App. 1917)

Most recent

Simmons v. Superior Court341 P.2d 13 (Cal. 1959)
State Board of Equalization v. Superior Court70 P.2d 482 (Cal. 1937)
Associated Credit Exchange v. Barnett259 P. 95 (Cal. Ct. App. 1927)
Maidenberg v. Justice's Court163 P. 872 (Cal. Ct. App. 1917)
Hall v. Justice's Court89 P. 870 (Cal. Ct. App. 1907)
Chapman v. Justice Court of Tonopah Township29 Nev. 154 (1906)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

Depth	Case	Cited by
	Bennett v. Wallace, 43 Cal. 25 (1872)	21
	Ames v. Eldred, 55 Cal. 136 (1880)	14
	Miliken v. Huber, 21 Cal. 166 (1862)	10

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