People ex rel. Meminger v. Sexton

Citations

• 24 Cal. 78

Syllabus

<p>Order Changing Venue op Action. — Although the affidavit upon which the application to change the venue of an action is made may not show any legal cause for such change, still, if the Court grants the application it has acted judidaily upon a matter within its cognizance, and where it was clothed with a discretion, and by the order the place of trial becomes changed.</p> <p>Same—How Corrected, ip Erroneous. — Mandamus will not lie to compel a Court to proceed with the trial of an action after an order has been made changing the place of trial. The remedy, if an injury is sustained, is by an appeal from the final judgment.</p> <p>When Writ op Mandate will be Issued. — A writ of mandate will be granted to compel a subordinate tribunal to perform a duty enjoined by law, and which it refuses to perform; but when the act to be done is judicial or discretionary, tho writ will not direct what decision shall be made, nor will it be granted after the inferior tribunal has acted for the purpose of reviewing the legality of its decision.</p>