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Gorham v. Toomey

Supreme Court of California
Jan 1, 1858
9 Cal. 77 (Cal. 1858)

Opinion

         Appeal from the District Court of the Twelfth Judicial District, County of San Francisco.

         COUNSEL:

         Shafter, Park & Shafter, for Appellants.

          C. M. Brosnan, for Respondents.


         JUDGES: Terry, C. J., delivered the opinion of the Court. Burnett, J., concurring.

         OPINION

          TERRY, Judge

         This action was instituted in the Twelfth District Court, to enjoin proceedings under a judgment of the Superior Court of San Francisco.

         In Ricketts v. Johnson, (8 Cal. 34,) we held that, under our system, the District Courts had no power to restrain the execution of the judgments or orders of Courts of co-ordinate jurisdiction, and that all proceedings to enjoin judgments must be issued from the Court having the control of such judgments.

         By the act of March, 1857, abolishing the Superior Court, all judgments and actions pending therein were transferred to the Fourth District Court, which tribunal is fully competent to afford the plaintiffs all the relief to which they are entitled.

         Judgment affirmed.


Summaries of

Gorham v. Toomey

Supreme Court of California
Jan 1, 1858
9 Cal. 77 (Cal. 1858)
Case details for

Gorham v. Toomey

Case Details

Full title:GORHAM et al. v. TOOMEY et al.

Court:Supreme Court of California

Date published: Jan 1, 1858

Citations

9 Cal. 77 (Cal. 1858)

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