Broder v. Superior Court
R. C. BRODER v. THE SUPERIOR COURT OF MONO COUNTY and W. H. VIRDEN, Judge
Syllabus
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
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.
Cited by 1 case
View all citing references →Relies on it most ⓘ
Most recent
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.