Lindley v. Superior Court

California Supreme Court

Lindley v. Superior Court

74 P. 765, 141 Cal. 220, 1903 Cal. LEXIS 494

California Supreme Court·Decided November 30, 1903·No. S.F. No. 3777.·Published·Cited by 28 cases

Opinion

The petition in this case is for a writ prohibiting the superior court from proceeding to the trial of an action in which the petitioner is a defendant. If, as contended, the superior court is without jurisdiction, there is of course a remedy by appeal for any adverse judgment affecting petitioner, and it is not sufficient ground for interfering by prohibition that the trial will be expensive and troublesome.

The establishment of a rule allowing a resort to the writ of prohibition on that ground would involve too serious and too frequent interruption to the business of the court.

Writ denied. *Page 221

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The petition in this case is for a writ prohibiting the superior court from proceeding to the trial of an action in which the petitioner is a defendant. If, as contended, the superior court is without jurisdiction, there is of course a remedy by appeal for any adverse judgment affecting petitioner, and it is not sufficient ground for interfering by prohibition that the trial will be expensive and troublesome.

The establishment of a rule allowing a resort to the writ of prohibition on that ground would involve too serious and too frequent interruption to the business of the court.

Writ denied. *Page 221

Lindley v. Superior Court, 74 P. 765, 141 Cal. 220, 1903 Cal. LEXIS 494 (Cal. 1903).

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Opinion

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