California Supreme Court, 1858

Goodwin v. Glazer

Goodwin v. Glazer
California Supreme Court · Decided July 1, 1858 · Terry
10 Cal. 333
Goodwin v. Glazer

Cases that cite this one

3 later published cases cite this decision.

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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.

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