North Pacific Coast Railroad v. Gardner

California Supreme Court

North Pacific Coast Railroad v. Gardner

21 P. 735, 79 Cal. 213, 1889 Cal. LEXIS 702

CourtCalifornia Supreme Court

DecidedMay 22, 1889

DocketNo. 12966

StatusPublished

Cited by3 cases

This text of 21 P. 735 (North Pacific Coast Railroad v. Gardner) 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

North Pacific Coast Railroad v. Gardner, 21 P. 735, 79 Cal. 213, 1889 Cal. LEXIS 702 (Cal. 1889).

Pincite

Opinion

Thornton, J.

We do not feel clear that a court of a justice of the peace can compel, on motion, a sheriff to execute a judgment rendered in such court, and punish him for contempt on his failure to obey its order. In such case, the party seeking the enforcement of his judgment can apply to the superior court for a writ of mandate (on the refusal of the sheriff to execute the writ of execution) to compel him to execute it.

We find no error in the record.

Judgment and order affirmed.

Sharpstein, J., Works, J., and McFarland, J., concurred.

Rehearing denied.

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