Lewis v. Barclay

Citations

• 35 Cal. 213

Syllabus

<p>Mandamus.—Mandamus lies to compel an inferior tribunal to perform a duty enjoined by law, but if the duty is judicial, the writ cannot prescribe what the decision of the inferior tribunal shall be.</p> <p>When Mandamus will not Lie.—The County Court has jurisdiction to dismiss an appeal, and mandamus will not lie to compel such Court to reinstate a case when the appeal has been dismissed, even if the Court acted erroneously in dismissing it.</p> <p>County Court.—In a matter in which the County Court has final jurisdiction, and acts, there is no remedy, even if it acts erroneously.</p>