Gray v. Schupp

California Supreme Court
Gray v. Schupp, 4 Cal. 185 (Cal. 1854)
Heydeneeldt, Murray

Gray v. Schupp

Opinion of the Court

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.

Reference

Full Case Name
GEORGE H. GRAY and JAY JOHNSON v. SAMUEL SCHUPP
Cited By
3 cases
Status
Published