California Supreme Court, 1887

McCue v. Superior Court

McCue v. Superior Court
California Supreme Court · Decided January 14, 1887 · McFarland
71 Cal. 545; 12 P. 615; 1887 Cal. LEXIS 418
McCue v. Superior Court

Cases that cite this one

5 later published cases cite this decision.

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Opinion of the Court

The Court.

The writ must be dismissed. The writ will not lie where there is an appeal, and if there is an appeal, but the time for taking it has elapsed, the writ . will not lie. (In re Stuttmeister, ante, p. 322; Miliken v. Huber, 21 Cal. 166; Bennett v. Wallace, 43 Cal. 25.)

Writ dismissed.

McFarland, J., concurring.

I concur in the judgment; but in my opinion there might be a case where, on account of unusual circumstances, a writ of review' would lie although there had been, at one time, a right of appeal, — as intimated in Kimple v. Superior Court of San Francisco, 55 Cal. 136.

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