Purcell v. McKune

Citations

• 14 Cal. 230

Syllabus

<p>The Supreme Court has the right to compel inferior tribunals to proceed to hear and determine causes of which they refuse to take cognizance, and this by virtue of its appellate powers and its authority to issue process necessary to give them effect.</p> <p>A rule of a District Court requiring a party, on motion for new trial, or for judgment on a special verdict, to prepare and submit a statement of the evidence at the trial, does not apply to issues submitted to a jury in a chancery cause.</p> <p>But where the Judge below requires such statement in a chancery case, and the Attorney does not object, hut fails to furnish it, and in consequence thereof the Court, on motion of plaintiffs for judgment on the pleadings and verdict, refuses to proceed until such statement is furnished, mandamus will not lie.</p> <p>The Court below must take the steps by it deemed necessary or proper in the premises. It may rehear the cause on the pleadings and proofs, or, possibly, it may require the Attorney to prepare the statement.</p>