Gutierrez v. Superior Court of San Francisco

Citations

• 106 Cal. 171
• 39 P. 530
• 1895 Cal. LEXIS 588

Syllabus

<p>Writ or Possession—Review or Order—Mandamus.—Where a writ of possession was issued under order of the court, any error committed therein, or in a subsequent order refusing to set aside the execution of the writ, can only be corrected upon appeal from the order, and cannot be corrected by mandamus.</p> <p>Id.—Award or Possession—Execution or Judgment—Subsequent Appeal—Restitution.—Where the possession of premises is awarded to the plaintiff by the decree, and he has been placed in possession in pursuance of a writ of possession, the taking of an appeal from the judgment after the writ has been executed does not entitle the defendant to be restored to the possession; but, if the judgment appealed from shall be reversed, the defendant will be entitled to restitution to what he has lost by virtue of its execution.</p>