gno.law

Wallace v. Edwards

California Court of Appeal · Civ. 26712 · 1963-06-10 · Published · 217 Cal. App. 2d 64 · 31 Cal. Rptr. 591 · 1963 Cal. App. LEXIS 1872

ALAMAE HANKINS WALLACE, Plaintiff and Respondent, v. B. T. EDWARDS, Defendant and Appellant

Area
civil
Panel
Robert Kingsley (author)

Analysis

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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.

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