gno.law

Muir v. Superior Court

California Supreme Court · No. 7,839 · 1881-07-01 · Published · 58 Cal. 361 · 1881 Cal. LEXIS 236

L. MUIR v. THE SUPERIOR COURT OF CONTRA COSTA COUNTY

Area
civil

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

The Court :

The defense of a former adjudication does not go to the jurisdiction of the Court. In this case, when the question whether the contempt charged had been before adjúdicated was raised, the Court had the same power to pass upon it as it had to pass upon any other question in the case, and if it erred in holding that there was no such former adjudication as claimed, the error can not be reviewed upon certiorari.

That writ lies only in cases where the inferior Court has exceeded its jurisdiction. (Code Civ. Proc. § 1068.)

Writ dismissed.

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