Clark v. Shepherd

Decided March 22, 1920

California Court of Appeal · decided 1920-03-22

<p>[1] Mandamus — Adjudication of Private Eights — Absence of Emergency- — Jurisdiction.—The appellate court will deny an application for a writ of mandate where the application is based upon private rights only and it does not appear that some peculiar emergency or exigency exists such as would justify the issuance of the writ by the appellate court in the first instance.</p>

Decided 1920-03-22

THE COURT.

¶1[1] This is an application for a writ of mandamus. The application is based upon private rights only. The matters to be litigated are not publici juris. Nor does it appear that some peculiar emergency or exigency exists such as would justify the issuance of the writ by this court in the first instance. The petition shows no sufficient reason why the application should not have been made to the superior court, and the application for the writ is therefore denied.