Gray v. Schupp
GEORGE H. GRAY and JAY JOHNSON v. SAMUEL SCHUPP
- Area
- civil
- Panel
- William J. Murray, Jr. (author), Heydeneeldt
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 — Murray
Mr. Ch. J. Murray delivered the opinion of the Court.
Mr. J. Heydeneeldt concurred.
This appeal is prosecuted from a judgment of the District Court, reviewing, upon certiorari, the judgment of a Justice of the Peace.
The writ was issued Upon representation that the Justice . had exceeded his jurisdiction.
We have repeatedly held, that an appeal does not lie from the judgment of a Justice to the District Court. Our statute only authorizes a writ of review, or certiorari, in cases where there is not a plain, speedy and adequate remedy by appeal.
This is not such a case as is contemplated by the statute. The District Court erred in entertaining jurisdiction of the * case, and the error complained of might [186] have been corrected by an appeal to the County Court.
The judgment of the District Court is reversed, and the certiorari issued by said Court dismissed with costs.
Cited by
- Redlands High School District v. Superior Court L. A. 18059 · 1942-05-01