# Hull v. Superior Court

> California Supreme Court · February 16, 1883 · 63 Cal. 179

URL: https://www.frixlaw.com/law-library/cases/5441213

## Case

- **Full name:** SYLVESTER HULL v. THE SUPERIOR COURT OF SHASTA COUNTY
- **Court:** California Supreme Court
- **Decided:** February 16, 1883
- **Citations:** 63 Cal. 179; 1883 Cal. LEXIS 396
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 8 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/5441213

## Opinion text

Per Curiam.
The demurrer to the petition in this proceeding must be sustained. The petition alleges that the Superior Court “ has recognized, does recognize, and, unless prohibited, will continue to recognize and take judicial notice of the acts of W. E. Hopping,” who claims to act as sheriff and tax collector of Shasta County.
Prohibition is not available as a remedy to prevent the acts of a de facto or de jure ministerial officer (People v. Board of Election, 54 Cal. 404; Le Conte v. Berkeley, 57 Cal. 269 ); nor to prevent judicial acts already done.
The right of one claiming to act as sheriff of a county can only be questioned in a proper proceeding by information in the nature of a quo warranta. (Hull v. Superior Court, ante.)
Demurrer sustained and writ dismissed.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5441213. Public record. Not legal advice.