Vickich

Vickich v. Superior Court

Good Law
105 Cal. App. 587·1930 Cal. App. LEXIS 748·288 P. 127
Court of Appeal of CaliforniaMay 12, 1930Docket No. 7044.California1,571 words

Opinion

Lead Opinion

Conrey, J.

Petition for writ of prohibition. Petitioner applied to this court for writ of prohibition to prevent respondent court from proceeding further in the matter of a motion to recall and quash an execution upon a judgment entered in accordance with an award made by the Industrial Accident Commission.

The proceedings by which an award of said commission may be filed in a superior court, and judgment entered thereon and the judgment enforced, are outlined in section 21 of the Workmen’s Compensation, Insurance and Safety Act of 1917. (Stats. 1917, p. 831; Deering’s Gen. Laws, 1923 ed., Act 4749.) When a certified copy of the findings and award of the commission has been filed with the clerk of the superior court, judgment must be entered by the clerk in conformity therewith. The certified copy of the findings and award and a copy of the judgment constitute the judgment-roll.

In the case of an ordinary judgment of the superior court, the power of that court to stay or recall an execution is included in the general authority of the court to control its own proceedings. In said section 21, however, it is provided that “the commission, or- any member thereof, may stay the execution of any…

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