County of San Joaquin v. Superior Court
Cases that cite this one
4 later published cases cite this decision.
- Washington ex rel. Ellis v. General Fruit Corp. (District Court, W.D. Washington 1933)
- Scott v. Superior Court (Cal. Ct. App. 1927)
- Washington ex rel. City of Seattle v. Pacific Telephone & Telegraph Co. (District Court, W.D. Washington 1924)
- Winfrey v. Benton (Okla. 1910)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This is an original proceeding by mandamus to compel the superior court of Sau Joaquin County to change the place of trial of an action of ejectment to which the judge of said court are parties defendant.
A motion to change the place of trial was made and promptly overruled. The proper remedy of the petitioner was an appeal from that order. In such cases mandamus is only proper when the court refuses or unreasonably delays to decide the motion, as in Krumdick v. White, 32 Pac. Rep. 800, and Livermore v. Brundage, 64 Cal. 299. But when the motion is overruled without delay, an appeal from the order affords a complete remedy, aud if the case is for any reason one of urgency the hearing of the appeal can be expedited so as to reach a decision as soon as it can be reached in an original proceeding.
Proceeding dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.