Eldridge v. City of Stockton

California Supreme Court July 1, 1870

Eldridge v. City of Stockton, 39 Cal. 693 (Cal. 1870)

1870 Cal. LEXIS 137

Rhodes

Opinion of the Court

Rhodes, C. J.,

delivered the opinion of the Court, Wallace, J., Sprague, J., and Temple, J., concurring:

If the District Court had no jurisdiction of the cause, it is still pending in the County Court on appeal; and if the *694District Court clicl acquire jurisdiction, its order dismissing the cause, is final and conclusive in this proceeding, and the Justice of the Peace rightfully refused to issue an execution. Mandate denied.

Crockett, J., expressed no opinion.

Reference

Full Case Name: SAMUEL ELDRIDGE v. THE CITY OF STOCKTON
Status: Published
Syllabus: Dismissal by the Disteict Couet of Cause Pending in the County Cotjbt — « Effect of.—An order of the District Court dismissing a cause of which it has no jurisdiction, and which is pending in the County Court on appeal from the Justice’s Court, leaves it still pending in the County Court. Idem.—If the District Court acquired jurisdiction, its order dismissing the cause is final and conclusive in the proceeding.