Goodwin v. Glazer

California Supreme Court July 1, 1858

Goodwin v. Glazer, 10 Cal. 333 (Cal. 1858)

Terry

Opinion of the Court

Terry, C. J., delivered the opinion of the Court

Field, J., and Baldwin, J., concurring.

The mandamus in this case was improperly granted. Plaintiff had recovered a moneyed judgment, upon which the clerk of *334the Court refused to issue execution. For all damages resulting from this refusal, the plaintiff has, in ordinary course of law, a plain and adequate remedy, by an action on the bond of the officer, and it is well settled that the writ will not issue in such cases.

Judgment reversed.

Reference

Full Case Name: GOODWIN v. GLAZER
Cited By: 4 cases
Status: Published
Syllabus: A mandamus will not lie against the clerk of the District Court, to compel him to issue execution on a money judgment, rendered in the Court of which he is clerk. For all damages resulting from such refusal, the plaintiff has, in ordinary course of law, a plain and adequate remedy by an action on the bond of the officer, and it is well settled that the writ will not issue in such cases.