North Pacific Coast Railroad v. Gardner

California Supreme Court
North Pacific Coast Railroad v. Gardner, 79 Cal. 213 (Cal. 1889)
21 P. 735; 1889 Cal. LEXIS 702
Thornton

North Pacific Coast Railroad v. Gardner

Opinion of the Court

Thornton, J.

We do not feel clear that a court of a justice of the peace can compel, on motion, a sheriff to execute a judgment rendered in such court, and punish him for contempt on his failure to obey its order. In such case, the party seeking the enforcement of his judgment can apply to the superior court for a writ of mandate (on the refusal of the sheriff to execute the writ of execution) to compel him to execute it.

We find no error in the record.

Judgment and order affirmed.

Sharpstein, J., Works, J., and McFarland, J., concurred.

Rehearing denied.

Reference

Full Case Name
NORTH PACIFIC COAST RAILROAD COMPANY v. JACOB GARDNER
Cited By
3 cases
Status
Published
Syllabus
Mandamus—Enforcement of Execution—Judgment Rendered nr Justice’s Court. — A writ of mandate will lie to compel a sheriff to execute a writ of execution issued under a judgment rendered in a justice’s court.