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PART III.

OF SPECIAL PROCEEDINGS

OF A CIVIL NATURE.

TITLE I. OF WRITS OF MANDATE AND PROHIBITION. 66 1067-1110.

TITLE II. OF CONTESTING ELECTIONS. §§ 1111-1127.
TITLE III. OF SUMMARY PROCEEDINGS. §§ 1132–1178.
TITLE IV. OF ENFORCEMENT OF LIENS. §§ 1180-1206.

TITLE V. OF CONTEMPT. 66 1209–1222.

TITLE VI. OF VOLUNTARY DISSOLUTION OF CORPORATIONS. Ø 1227-1233.

TITLE VII. OF EMINENT DOMAIN. §§ 1237–1263.

TITLE VIII. OF ESCHEATED ESTATES. §§ 1269–1272.

TITLE IX.

TITLE X.

OF CHANGE OF NAMES. § 1275-1278.

OF ARBITRATIONS. §§ 1281–1290.

TITLE XI. OF PROCEEDINGS IN PROBATE COURTS. § 1298

1346.

TITLE XII. OF SOLE TRADERS. §§ 1811-1821

PRELIMINARY PROVISIONS.

SECTION 1063. Parties, how designated.

1064.

§ 1063.

Judgment and order same meaning as in civil actions.

The party prosecuting a special proceeding may be known as the plaintiff, and the adverse party, as the defendant.

Vide $ 309.

§ 1064. A judgment in a special proceeding is the final determination of the rights of the parties therein. The definitions of a motion and an order in a civil action are applicable to similar acts in a special proceeding.

Vide $$ 577-1003.

TITLE I.

OF WRITS OF REVIEW, MANDATE AND PROHIBITION.

CHAPTER I. WRIT OF REVIEW.

II. WRIT OF MANDATE.

III. WRIT OF PROHIBITION.

IV. WRITS OF REVIEW, MANDATE AND PROHIBITION

MAY ISSUE AND BE HEARD AT CHAMBERS.

V. RULES OF PRACTICE AND APPEALS.

SECTION 1067.

CHAPTER I.

WRIT OF REVIEW.

Writ of review defined.

1068. When and by what courts granted.

1069. Application for, how made.

1070. The writ to be directed to the inferior tribunal, etc. 1071.

Contents of the writ.

1072. Proceedings in inferior court may be stayed, or not. 1073. Service of the writ.

1074. The review under the writ, extent of.

1075. A defective return of the writ may be perfected.

Hearing and judgment.

1076. Copy of judgment must be sent to the inferior tribunal.

1077. Judgment rolls

45 455 ) The writ of certiorari must hereafter be known as the writ of review.

Stat. 1851, 123, read "may be denominated."

§ 1068. (§ 456.) A writ of review may be granted by any court, except a police or justice's court, when an inferior tribunal, board or officer, exercising judicial functions, has exceeded the jurisdiction of such tribunal, board or officer, and there is no appeal, nor, in the judgment of the court, any plain, speedy and adequate remedy.

Stat. 1851, 123, read: "This writ may be granted on application, by any court of this state, except a justice's, recorder's, or mayor's court: the writ shall be granted in all cases when an inferior tribunal, board or officer, exercising judicial functions, has exceeded the jurisdiction of such tribunal, board or officer, and there is no appeal, nor in the judgment of the court, any plain, speedy and adequate remedy."

1 Cal. 152, 187; 2 Cal. 263; 4 Cal. 185; 5 Cal. 476; 7 Cal. 113, 244; 8 Cal. 58; 10 Cal. 346; 14 Cal. 479; 18 Cal. 49; 19 Cal. 78; 21 Cal. 166; 22 Cal. 465; 23 Cal. 492; 25 Cal. 94; 28 Cal. 115; 30 Cal. 98; 35 Cal. 269; 89 Cal. 570; 40 Cal 344, 479, 481, 642; 42 Cal. 254, 630; 43 id. 25, 365; 45 id. 245; 47 id. 605.

As to jurisdiction, see §§ 43, 57, and 85.

§ 1069. (§ 457.) The application must be made on affiadavit by the party beneficially interested, and the court may require a notice of the application to be given to the adverse party, or may grant an order to show cause why it should not be allowed, or may grant the writ without notice.

§ 1070. (§ 458.) The writ may be directed to the inferior tribunal, board or officer, or to any other person having the custody of the record or proceedings to be certified. When directed to a tribunal, the clerk, if there be one, must return the writ with the transcript required.

32 Cal. 582: 34 Cal. 352.

§ 1071. (§ 459.) The writ of review must command the party to whom it is directed to certify fully to the court issuing the writ, at a specified time and place, a transcript of the record and proceedings (describing or referring to them with convenient certainty), that the same may be reviewed by the court; and requiring the party, in the meantime, to desist from further proceedings in the matter to be reviewed.

§ 1072. (§ 460.) If a stay of proceedings be not intended, the words requiring the stay must be omitted from the writ; these words may be inserted or omitted, in the sound discretion of the court; but if omitted, the power of the inferior court or officer is not suspended or the proceedings stayed.

§ 1073. (§ 461.) The writ must be served in the same manner as a summons in civil action, except when otherwise expressly directed by the court.

§ 1074. (§ 462.) The review upon this writ cannot be extended further than to determine whether the inferior tribunal, board or officer has regularly pursued the authority of such tribunal, board or officer.

14 Cal. 479; 29 Cal. 459, 632; 35 Cal. 269; 43 Cal. 365.

§ 1075. (§ 463.) If the return of the writ be defective, the court may order a further return to be made. When a full return has been made, the court must hear the parties, or such of them as may attend for that purpose, and may thereupon give judgment, either affirming or annulling, or modifying the proceedings below.

32 Cal. 50, 582.

§ 1076. (§ 464.) A copy of the judgment, signed by the clerk, must be transmitted to the inferior tribunal, board or officer having the custody of the record or proceeding certified up.

§ 1077. (§ 465.) A copy of the judgment, signed by the clerk, entered upon or attached to the writ and return, constitute the judgment roll.

Stat. 1851, 124, added the words: "If the proceeding be had in any other than the supreme court, an appeal may be taken from the judgment in the same manner, and upon the same terms, as from a judgment in a civil action."

47 Cal. 9, 605.

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