Clary v. Hoagland

Citations

• 5 Cal. 476

Syllabus

<p>0. obtained a judgment against H. in the County Court of Tolo County, for the restitution of certain lands ; defendant appealed to the District Court, where the judgment was affirmed, and the defendant again appealed to the Supreme Court, where both judgments were reversed, and the cause was remanded to the District Court for further proceedings. After the remittitur was filed in the District Court, the County Court issued a mandamus commanding the Clerk to issue a writ of restitution, pursuant to the original judgment in that Court, and on the petition of H., a certiorari was issued, to remove the proceedings to the Supreme Court. Held, on motion to dismiss the writ, that the writ of certiorari was the proper remedy ; that the judgment sought to be enforced having been reversed by the Supreme Court, the County Court exceeded its jurisdiction in issuing the mandamus.</p> <p>A party against whom a judgment is sought to be enforced, although not a party to the mandamus, may apply for a writ of certiorari.</p>