Clary

Murray, C. J., concurred.

In July, 1851, William Clary obtained- a judgment against David Hoagland, in the County Court of Yolo County, for the restitution of certain land described in the judgment. The defendant appealed to the District Court of the Eleventh District, and in November, 1851, said District Court affirmed the judgment of the County Court. From this judgment, defendant appealed to the Supreme Court; the Supreme Court reversed the judgment of the District Court, and also of the County Court, and ordered, that the cause be remanded to the District Court for further proceedings.

The remittitur was filed in the District Court on the 9th day of November, 1853. On the 10th of April, 1855, the County Court of Yolo County issued a peremptory mandamus, commanding the Clerk of said Court to issue a writ of restitution pursuant to the judgment rendered July, 1851; and, on the 19th of April, 1855, a writ of certiorari was issued on the petition of Hoagland, commanding the Clerk of the said County Court to certify the proceedings in the cause to this Court.

The respondent now moves to dismiss the writ: First, because there is an adequate remedy by appeal—the County Court…