# Boyle v. Superior Court

> California Supreme Court · December 12, 1917 · 176 Cal. 671

URL: https://www.frixlaw.com/law-library/cases/3309265

## Case

- **Full name:** L. E. BOYLE, Receiver, Etc., Et Al., Petitioners, v. SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Et Al., Respondents; WESTERN MAGNESITE DEVELOPMENT COMPANY (A Corporation) Et Al., Interveners
- **Court:** California Supreme Court
- **Decided:** December 12, 1917
- **Citations:** 176 Cal. 671; 170 P. 1140; 1917 Cal. LEXIS 579
- **Precedential status:** Published
- **Opinion:** Addendum
- **Judges:** Henshaw
- **Cited by:** 18 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3309265

## Opinion text

THE COURT.
On petition for rehearing, it is called to our attention that on August 23, 1917, we made an order transferring the proceeding for prohibition, referred to in the opinion of Mr. Justice Henshaw, to this court for hearing and determination. The order revived the alternative writ of prohibition issued by the district court of appeal, and the restraining effect of such writ will remain in force until this court shall dispose of the proceeding thus transferred, and now pending here. On the merits, the two proceedings—that in prohibition and the present one in mandate—turn on the same legal questions. We are entirely satisfied with the manner in which these questions are disposed of by our opinion herein. But, since the alternative writ of prohibition is still in force, the respondent judge is confronted by two orders, one commanding, and the other prohibiting, certain action. To avoid technical difficulties which may arise, it is ordered that execution of our writ of mandate be stayed until the disposition of the pending proceeding for prohibition.
The petition for rehearing is denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3309265. Public record. Not legal advice.