Comstock Quicksilver Mining Co. v. Superior Court
Comstock Quicksilver Mining Co. v. Superior Court
Opinion of the Court
The material facts in this case may be briefly stated as follows : The Judge of the Superior Court of Santa Cruz County, being disqualified to try an action then pending in said Court, wherein the above-mentioned petitioner was defendant, got the Judge of Monterey County to sit in said Superior Court of Santa Cruz County for the purpose of hearing and determining said action. The latter sat and heard the cause in the Superior Court of Santa Cruz County, and after the same was tried and submitted, took it under advisement. He then returned to his own county of Monterey, and there prepared and signed findings of fact and conclusions of law, and ordered judgment to be entered thereon against the petitioner. Said findings and order were transmitted to the Clerk of the Superior Court of Santa Cruz County, who duly filed them and entered judgment accordingly. These proceedings are brought here upon a writ of certiorari, and this Court is asked to annul the judgment, on the ground that the judge who signed the findings and ordered the judgment to be entered did so at Monterey instead of Santa Cruz County, which renders the proceedings void for want of jurisdiction.
The jurisdiction of the Court to hear and determine the case is not doubted, but it is claimed that the hearing and deter
Proceedings affirmed and writ dismissed.
Thornton, J., and Myrick, J., concurred.
Reference
- Full Case Name
- COMSTOCK QUICKSILVER MINING COMPANY v. SUPERIOR COURT OF SANTA CRUZ COUNTY
- Cited By
- 14 cases
- Status
- Published
- Syllabus
- Superior Judge—Jurisdiction—Findings.—An action was tried and submitted before the Superior Court of a county. Afterwards the judge who presided at the trial went to another county, and while there prepared and signed the findings and decision, and sent them to the clerk, who filed them and entered judgment. Held, that the proceedings were not void for want of jurisdiction. Findings—Practice.—It is not the signing but the filing of the findings that determines the action.