Turner

People ex rel. Mulford v. Turner

Good Law
1 Cal. 143
Supreme Court of CaliforniaJune 15, 1850California3,119 words

Opinion

Lead Opinion

Bennett, J.

By the Court,

Application for a writ of 'mandamus. At a term of the district court of the eighth judicial district, held in and for the county of Tuba, on the tenth day of June last, the following order was made :—“ Whereas Messrs. “ Field, Goodwin, and liulford, having set at defiance the au- “ thority of this court, and having vilified the court, and de- “ nounced its proceedings, the said Field, Goodwin, and Mul- “ ford are hereby, by order of the court-, expelled from the bar “ of the same.”

An application is now made for ahvrit of mandamus to require the court to vacate the above order, and reinstate the applicants. Copies of the papers upon which the motion is founded, together with notice of the motion, have been duly served upon the judge of the eighth judicial district.

Two questions are presented by this application : First, Has this court the power to issue a writ of mandamus to the district court ? and, secondly, Whether, conceding the existence of the power, the case presented is a proper one for its exercise ?

First, as to the power. The seventh section of the act organizing this court, declares that “ the court, and each of the jus- “ tices thereof, shall have…

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