Luce v. Superior Court

California Supreme Court

Luce v. Superior Court

2 Cal. Unrep. 167

CourtCalifornia Supreme Court

DecidedApril 6, 1883

DocketNo. 8897

StatusPublished

This text of 2 Cal. Unrep. 167 (Luce v. Superior Court) 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

Luce v. Superior Court, 2 Cal. Unrep. 167 (Cal. 1883).

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Opinion

By the COURT.

Petition for a writ of prohibition. Demurrer to the petition. The question is: Can a court fore[168]*168close a mortgage, and, on such foreclosure, order a sale of personal property included in the mortgage, which property was in fact exempt by law from sale under execution? In such a case, we see no reason whatever for the issuance of a writ of prohibition. If any error has occurred, it can be reviewed on appeal.

The demurrer is sustained, and the alternative writ heretofore issued is discharged.

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By the COURT.

Petition for a writ of prohibition. Demurrer to the petition. The question is: Can a court fore[168]*168close a mortgage, and, on such foreclosure, order a sale of personal property included in the mortgage, which property was in fact exempt by law from sale under execution? In such a case, we see no reason whatever for the issuance of a writ of prohibition. If any error has occurred, it can be reviewed on appeal.

The demurrer is sustained, and the alternative writ heretofore issued is discharged.

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Bluebook (online)

2 Cal. Unrep. 167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/luce-v-superior-court-cal-1883.