Sayers v. Superior Court of San Francisco

Citations

• 84 Cal. 642
• 24 P. 296
• 1890 Cal. LEXIS 857

Syllabus

<p>Writ oe Review — Function to Annul, not to Restrain.— The function of a writ of review is to annul proceedings which have been taken in excess of jurisdiction, and not to restrain the proceedings of an inferior tribunal; and it cannot be employed to prevent a threatened excess of jurisdiction.</p> <p>Id. — Presumption as to Anticipated Action oe Court.— Until a final determination has been reached in the inferior court, it must be presumed that it will limit its action to its proper jurisdiction, and will not decide erroneously against a valid objection.</p> <p>Id.—Remedy by Motion.— The writ of review will not lie, so long as proceedings remain in fieri, since the petitioner has a plain, speedy, and ade- ■ quate remedy by motion in the court below.</p> <p>Id, —Petition —Information and Belief as to Order.—An allegation in a petition for a writ of review, made upon the information and belief of the petitioner, that an order has been made adjudging him guilty of contempt, is insufficient, and cannot he considered.</p> <p>Id. — Order to be Reviewed must be Filed.— Even though an order may have been signed, it is not subject to be examined upon a writ of review, until it has been filed.</p> <p>Id.— Contempt — Facts not Review able. — Allegations of fact, in a petition for a writ of review, which are within the j urisdiction of a court to determine upon proceedings for contempt sought to he reviewed cannot be considered, as the determination of such facts is conclusive, so far as a writ of review is concerned.</p>