Goodwin v. Glazer

10 Cal. 333 | Cal. | 1858

Terry, C. J., delivered the opinion of the Court

Field, J., and Baldwin, J., concurring.

The mandamus in this case was improperly granted. Plaintiff had recovered a moneyed judgment, upon which the clerk of the Court refused to issue execution. For all damages resulting from this refusal, the plaintiff has, in ordinary course of law, a plain and adequate remedy, by an action on the bond of the officer, and it is well settled that the writ will not issue in such cases.

Judgment reversed.