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Peck v. Superior Court

JAMES F. PECK v. THE SUPERIOR COURT OF COLUSA COUNTY

Peck v. Superior Court, 31 P.2d 1042 (Cal. Ct. App. 1934)
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Court
California Court of Appeal · State Appellate Courts
Decided
April 23, 1934
Docket
No. Civ. No. 5156
Citations
31 P.2d 1042138 Cal. App. 2221934 Cal. App. LEXIS 596
Cited by 3

Opinion of the Court

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THE COURT.

The application of the above-named petitioner for a writ of prohibition is hereby denied upon the authority of section 14 of article I of the Constitution, and the cases of Marblehead Land Co. v. Superior Court, 62 Cal. App. 408 [ 217 Pac. 536 ], and Stone v. Cordua Irr. Dist., 72 Cal. App. 331 [ 237 Pac. 554 ],

In the Marblehead Land Company case it was held that the court might fix the amount of the security upon an ex parte showing, and that such proceeding did not violate the fourteenth amendment of the federal Constitution.

In the Stone case it was held by this court that section 14 of article I does not violate any of the provisions of the federal Constitution in providing for the immediate taking of possession of property upon giving security -in the way of making deposits to cover damages in such sum as the court might determine. (See list of cases cited on page 337 of volume 72, supra.)

How later courts describe this case

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

Cited by 3 cases

View all citing references →
1941: 11942: 11976: 119412026peak 1941 · 1

Relies on it most ⓘ

  1. City of Oakland v. United States124 F.2d 959 (9th Cir. 1942)
  2. United States v. 72 Acres of Land, More or Less, Situate in City of Oakland37 F. Supp. 297 (N.D. Cal. 1941)
  3. City of Los Angeles v. Decker61 Cal. App. 3d 444 (1976)

Most recent

  1. City of Los Angeles v. Decker61 Cal. App. 3d 444 (1976)
  2. City of Oakland v. United States124 F.2d 959 (9th Cir. 1942)
  3. United States v. 72 Acres of Land, More or Less, Situate in City of Oakland37 F. Supp. 297 (N.D. Cal. 1941)

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 2

DepthCaseCited by
Marblehead Land Co. v. Superior Court, 217 P. 536 (Cal. Ct. App. 1923) 7
Stone v. Cordua Irrigation Dist., 237 P. 554 (Cal. Ct. App. 1925) 6

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