Herbert v. Superior Court

Citations

• 7 Cal. Unrep. 336
• 91 P. 800
• 1907 Cal. LEXIS 605

Syllabus

<p>Comities—Division—Election.—The Provision of the Statute for Submission to the voters of the district affected by the question of detachment from a county, requiring the election to be held within sixty days after the organization of the special commission, is directory merely, so that, if the election within that time is prevented by injunction, it may be held at a reasonable time after the injunction is removed.</p> <p>Certiorari.—The Right of Appeal from the Granting of an Injunction excludes the right to a writ of certiorari.</p> <p>Prohibition—Remedy by Appeal.—Writ of Prohibition will not be granted, where, by appeal, which can be advanced to a speedy hearing, the whole ease can be taken up and reasonably decided on the merits.</p>