Wallace v. Edwards
ALAMAE HANKINS WALLACE, Plaintiff and Respondent, v. B. T. EDWARDS, Defendant and Appellant
- Area
- civil
- Panel
- Robert Kingsley (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Kingsley
KINGSLEY, J.
Respondent secured a judgment against appellant in small claims court. Appellant duly appealed that judgment to the superior court. (Code Civ. Proe., § 117j.) There being no appearance at the time set for hearing in the superior court, that court entered judgment for respondent. A motion by appellant to vacate that judg-' ment, on the ground of failure to give statutory notice of hearing, was denied. Appellant now appeals to this court from such denial.
A District Court of Appeal has jurisdiction to hear appeals only in cases in which the superior court had original jurisdiction. (Cal. Const., art. VI, § 4b.) Except as our jurisdiction may be invoked by petition for an original writ, we may review judgments of the superior court on appeal from a small claims court only where the case has been duly transferred to us pursuant to rules 61 to 69 of California Rules of Court.
* (Cal. Const., art. VI, § la.) No such transfer was sought or granted in this case.
The appeal, being beyond our jurisdiction to determine, is dismissed.
Burke, P. J., and Jefferson, J., concurred.
* Formerly Rules on Transfer of Municipal and Justice Court Appeals, rules 61-69.
Cited by
- Corcoran v. Universal Guardian Corp. Civ. 50434 · 1977-08-24