Kaufman v. Superior Court

Citations

• 108 Cal. 446
• 41 P. 476
• 1895 Cal. LEXIS 872

Syllabus

<p>Appeal—Order Setting Aside Judgment—Dismissal—Jurisdiction op Court Below.—An order setting aside a former judgment of dismissal is an appealable order, and, where an appeal is taken therefrom, the court below cannot proceed in the cause until the appeal is heard and determined.</p> <p>Id.—Interpleader—Appeal bt Plaintiff—Order to Pat Monet into Court—Prohibition.—Where an action of interpleader has been dismissed, and, under order of the court, the plaintiff has withdrawn the money deposited, and has subsequently appealed from an order setting aside the former judgment of dismissal, the court has no jurisdiction pending such appeal, to grant an order for the repayment of the money into court, and prohibition will lie to prevent the entering of such order.</p> <p>Id.—Review upon Prohibition—Appeal by Party Aggrieved—Jurisdiction.—Whether the plaintiff in an action of interpleader appealing from an order vacating a judgment of dismissal is a party aggrieved is a question which caunot be determined upon a petition of prohibition to prevent the court below from acting in the case until the appeal is heard and determined; neither will this court inquire, until the appeal is heard, whether the court had or had not jurisdiction to enter the order appealed from.</p>