Green v. Hebbard

Decided June 17, 1892

California Supreme Court · decided 1892-06-17

Application to the Supreme Court for a writ of mandate. The petition sets forth a recoyery of the possession of a tract of land in an action of ejectment brought August 12, 1873, by William Ford, in the superior court of the city and county of San Francisco, against the husband of petitioner, B. S. Green, and other defendants, to which action petitioner was not a party.

Relies on Mayor of San Jose v. Fulton · People v. Grant

Good law ✅— No negative treatment on recordhow we know

Decided 1892-06-17

How this case has been cited

Cited by 13 later decisions — most recently November 1944

13 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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The Court.

¶1The petitioner is entitled to appeal from the order denying her motion to vacate or modify the *41order made in the action of Hyde v. Boyle, for the writ of possession. (People v. Grant, 45 Cal. 97; City of San José v. Fulton, 45 Cal. 316.) Having the right of appeal, it is the duty of the respondent upon her application to fix the amount of the undertaking necessary to stay the operation of the writ of possession, under section 945 of the Code of Civil Procedure.

¶2We cannot upon this present application consider whether the court was right or wrong in its ruling upon petitioner’s motion to vacate or modify the order for the issuance of the writ of possession, as the questions which would be involved in such an appeal are not before us.

¶3Ordered that a peremptory writ of mandate issue in accordance with the prayer of the petition.

¶4Hearing in Bank denied.