Opinion
Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco.
Bill filed in Nineteenth District Court to enjoin the prosecution of two suits pending in the Fourth District Court, city and county of San Francisco, and one pending in the Nineteenth District. Injunction granted on bill, and motion on bill and answer to dissolve. Motion denied, and defendants appealed from the order.
COUNSEL:
The objection to this bill is, that the Nineteenth District Court has no right to enjoin the proceedings in the ejectment suits pending in another district court, and there is no necessity of enjoining the proceedings in the Nineteenth District Court, as it can by order stay the proceedings.
B. S. Brooks, for the Appellants.
W. H. Patterson, for Respondent.
OPINION By the Court:
The resolution of intention, and the order directing the work to be done, provided: " That sidewalks be constructed on Shotwell street, from Fourteenth to Eighteenth streets, where not already constructed; and that the sidewalks thereon be reconstructed where necessary."
On the authority of Richardson v. Heydenfeldt , 46 Cal. 68; People v. Ladd , 47 Id. 603, the judgment is reversed and the cause remanded, with direction to the court below to enter judgment on the findings in favor of the defendant.