gno.law

Gray v. Schupp

California Supreme Court · · 1854-04-15 · Published · 4 Cal. 185

GEORGE H. GRAY and JAY JOHNSON v. SAMUEL SCHUPP

Area
civil
Panel
William J. Murray, Jr. (author), Heydeneeldt

Analysis

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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.

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