Whelan

Whelan v. Superior Court

Good Law
114 Cal. 548·1896 Cal. LEXIS 941·46 P. 468
Supreme Court of CaliforniaOctober 15, 1896S. F. No. 294California635 words

Opinion

Lead Opinion

Harrison, J.

An execution in the action of Dupuy v. Riley was placed in the hands of the petitioner, as sheriff of the city, and county of San Francisco, and certain written instructions in reference thereto were given him by the attorney for the execution creditor. The attorney for the execution debtor made a demand upon the sheriff that he be allowed to inspect these instructions, and, having been refused, obtained an order from the superior court directing the petitioner, as such sheriff, to grant him an inspection thereof. The petitioner how seeks a review of this order, and that the same be annulled, on the ground that it was not within' the jurisdiction of the court.

It is contended on behalf of the respondents that the court had authority to make the order by virtue of the following provision of section 1032 of the Political Code: {t The public records and other matters in the office of any officer are, at all times during office hours, open to the inspection of any citizen of this state.”

The instructions given by the attorney to the sheriff, for the enforcement of a writ of execution which he delivers to the sheriff, are in the nature of the private directions from a principal to…

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