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Broder v. Superior Court

R. C. BRODER v. THE SUPERIOR COURT OF MONO COUNTY and W. H. VIRDEN, Judge

Broder v. Superior Court, 37 P. 191 (Cal. 1894)
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Court
California Supreme Court · State Highest Courts
Decided
June 15, 1894
Docket
No. 15512
Judges
Harrison
Citations
37 P. 191103 Cal. 1241894 Cal. LEXIS 736
Syllabus
Trial—Interlocutory Judgment—Findings—Jurisdiction to Set Cause —Prohibition—Remedy by Appeal.—The superior court has jurisdiction to deny a motion to enter an interlocutory judgment upon findings that have been filed, and to grant a motion of the defendants to fix a day for the trial of the cause, and a writ of prohibition will not lie' to restrain the court from proceeding in such trial; but the plaintiffs have a complete and perfect remedy by appeal from the judgment that may be rendered therein.
Summary
Application for a writ of prohibition to the Superior Court of Mono County. The facts are stated in the opinion of the court.

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

Opinion of the Court — Harrison

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Harrison, J.

This is an application for a writ of prohibition, and is the counterpart of a proceeding between the same parties, No. 15513, this day decided (ante, p. 121).

At the same time that the superior court denied the petitioners’ motion to enter judgment upon the findings that had been filed therein, it granted a motion of the defendants, and fixed a day for the trial of the cause in accordance with its previous order of May 13th. Thereupon the plaintiffs made application here for a writ of prohibition restraining the superior court from proceeding in the trial of the cause.

That application must be denied, for the reason that the order of the court was made in a cause then pending before it in which it had jurisdiction over the subject matter and the parties thereto, and which had not been fully tried. If the court committed any error in making the order, or should commit any error in its further proceedings during the trial of the cause,- the plaintiffs *125 have a complete and perfect remedy by an appeal from the judgment that may be rendered therein.

The application for the writ is denied.

McFarland, J., Garoutte, J., and Fitzgerald, J., concurred.

How later courts describe this case

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

1909: 119092026peak 1909 · 1

Relies on it most ⓘ

  1. Hamberger v. Police Court106 P. 894 (Cal. Ct. App. 1909)

Most recent

  1. Hamberger v. Police Court106 P. 894 (Cal. Ct. App. 1909)

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