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
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.