Hyperlawhypertext legal database Luce v. Superior Court 2 Cal. Unrep. 167

← Cases

Luce v. Superior Court

2 Cal. Unrep. 167 Court Cal. Decision date 1883-04-06 Docket No. 8897 English

Contents

Majority

p. 167
LUCE, Petitioner, v. SUPERIOR COURT, etc., Respondent.
No. 8897;
April 6, 1883.

Headnote

Prohibition.—A Writ of Prohibition Does not Lie in a ease open to appeal.
Appeal.—Where, in a Foreclosure Case, the Court Orders the Sale of exempt property, the error, if any, is to be corrected by appeal.
Prohibition.
Edward Lynch for petitioner; J. P. Meux for respondent.

Petition for a writ of prohibition. Demurrer to the petition. The question is: Can a court fore

p. 168
close 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.