Lewis v. Barclay
Lewis v. Barclay
Opinion of the Court
Mandamus lies to compel an inferior tribunal to perform a duty enjoined by law, if it refuses to do so; but if the duty is judicial, the writ cannot prescribe what the decision of the inferior tribunal shall be. The duty to be performed by the respondent in this case was strictly judicial, and there was
Counsel for petitioner seem to have relied upon the case of The People v. The County Court of El Dorado County, 10 Cal. 19, as authority for this remedy. Ho point was made in that case against the remedy, and the question was not considered by the Court. The writ was denied upon the merits; so neither the opinion nor the judgment of the Court is authority in support of the remedy.
Mandamus denied.
Mr. Justice Rhodes expressed no opinion.
Reference
- Full Case Name
- WILLIAM B. LEWIS v. JAMES BARCLAY, County Judge of Calaveras County
- Cited By
- 13 cases
- Status
- Published
- Syllabus
- Mandamus.—Mandamus lies to compel an inferior tribunal to perform a duty enjoined by law, but if the duty is judicial, the writ cannot prescribe what the decision of the inferior tribunal shall be. When Mandamus will not Lie.—The County Court has jurisdiction to dismiss an appeal, and mandamus will not lie to compel such Court to reinstate a case when the appeal has been dismissed, even if the Court acted erroneously in dismissing it. County Court.—In a matter in which the County Court has final jurisdiction, and acts, there is no remedy, even if it acts erroneously.