Luce v. Superior Court

California Supreme Court April 6, 1883

Luce v. Superior Court, 2 Cal. Unrep. 167 (Cal. 1883)

Opinion of the Court

By the COURT.

Petition for a writ of prohibition. Demurrer to the petition. The question is: Can a court fore*168close a mortgage, and, on such foreclosure, order a sale of personal property included in the mortgage, which property was in fact exempt by law from sale under execution? In such a case, we see no reason whatever for the issuance of a writ of prohibition. If any error has occurred, it can be reviewed on appeal.

The demurrer is sustained, and the alternative writ heretofore issued is discharged.

Reference

Full Case Name: LUCE v. SUPERIOR COURT, etc.
Status: Published
Syllabus: Prohibition.—A Writ of Prohibition Does not Lie in a ease open to appeal. Appeal.—Where, in a Foreclosure Case, the Court Orders the Sale of exempt property, the error, if any, is to be corrected by appeal.