TaiLexi AI U.S. Case Law

Childs v. Edmunds

CHILDS v. EDMUNDS, Judge, etc.

Childs v. Edmunds, 10 P. 130 (Cal. 1886)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
California Supreme Court · State Highest Courts
Decided
March 9, 1886
Docket
No. 11,498
Citations
10 P. 1302 Cal. Unrep. 649
Syllabus
Prohibition.—The Enforcement of a Writ of Assistance, as against one not a party to the action, cannot be restrained by a writ of prohibition, as there is in such ease an adequate remedy at law by appeal from the order granting the writ.1
Summary
Application for writ of prohibition to restrain the enforcement of a writ of assistance, obtained against petitioner for the purpose of dispossessing him, in a foreclosure suit to which he was not a party.

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.

By the COURT.

The application for a writ of prohibition in this case is denied for the reason that petitioner has an adequate remedy by appeal from the order complained of.

How later courts describe this case

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

1890: 118902026peak 1890 · 1

Relies on it most ⓘ

  1. Havemeyer v. Superior Court24 P. 121 (Cal. 1890)

Most recent

  1. Havemeyer v. Superior Court24 P. 121 (Cal. 1890)

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 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list