Flaherty v. Kelly

California Supreme Court

Flaherty v. Kelly

51 Cal. 145

CourtCalifornia Supreme Court

DecidedJuly 1, 1875

DocketNo. 4440

StatusPublished

Cited by2 cases

This text of 51 Cal. 145 (Flaherty v. Kelly) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Flaherty v. Kelly, 51 Cal. 145 (Cal. 1875).

Pincite

Opinion

By the Court:

It is settled that a District Court has no jurisdiction- do enjoin a judgment rendered in another District Court. (Crowley v. Davis, 37 Cal. 269.)

The circumstance that the judge of the court in which the judgment sought to be enjoined was rendered, is disqualified to sit in the case, does not constitute an exception to the rule. The case must, under such circumstances, be brought in the court in which the judgment was, rendered, and there dealt with as any other case pending in a court in which the judge is disqualified.

Judgment and order affirmed.

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By the Court:

It is settled that a District Court has no jurisdiction- do enjoin a judgment rendered in another District Court. (Crowley v. Davis, 37 Cal. 269.)

The circumstance that the judge of the court in which the judgment sought to be enjoined was rendered, is disqualified to sit in the case, does not constitute an exception to the rule. The case must, under such circumstances, be brought in the court in which the judgment was, rendered, and there dealt with as any other case pending in a court in which the judge is disqualified.

Judgment and order affirmed.

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Bluebook (online)

51 Cal. 145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flaherty-v-kelly-cal-1875.

Opinion

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