Miller v. Sanderson

10 Cal. 489

Opinion

Terry, C. J., delivered the opinion of the Court

Field, J., and Baldwin, J., concurring.

The decree in this case is clearly erroneous. Admitting the allegations in the plaintiff’s bill to be true, it shows that he has a perfectly adequate remedy at law by an action on the official bond of the clerk. And he must pursue his legal remedy.

Judgment reversed, and bill dismissed.