Temple v. Superior Court

California Supreme Court July 26, 1886

Temple v. Superior Court, 70 Cal. 211 (Cal. 1886)

11 P. 699; 1886 Cal. LEXIS 766

Thornton

Opinion of the Court

Thornton, J.

This is an application for a writ of mandate to compel the Superior Court of Los Angelés County, Judge W. A. Cheney presiding, to hear a charge of contempt of court made against one B. Newman, which that court had refused to hear, and has dismissed on the ground of want of jurisdiction.

*212We have examined the record, and are of opinion that the matter is within the jurisdiction of the court. The facts stated bring the case clearly within section 1210 of the Code of Civil Procedure, and under such circumstances the court cannot, by holding without reason that it has no jurisdiction of the proceeding, divest itself of jurisdiction, and evade the duty of hearing and determining it. The prayer of the petition should be granted, and it is so ordered.

McKee, J., and Sharpstein, J., concurred.

Reference

Full Case Name: CAMILLO TEMPLE v. SUPERIOR COURT OF LOS ANGELES COUNTY
Cited By: 26 cases
Status: Published
Syllabus: Contempt—Re-entry on Land after Dispossession. — Under section 1210 of the Code of Civil Procedure, a defendant in an action to recover the possession of land is guilty of contempt if he re-enters thereon after being dispossessed under the judgment rendered therein, notwithstanding the re-entry was made more than five years after the date of the judgment. Id.—Proceeding to Punish por—Mandamus to Compel Hearing.—A writ of mandate lies to compel the Superior Court to hear and determine a proceeding for such a contempt where it refused to hear and has dismissed the proceeding for want of jurisdiction.