California Supreme Court, 1886

Brandon v. Superior Court

Brandon v. Superior Court
California Supreme Court · Decided May 21, 1886 · McKee
2 Cal. Unrep. 654; 11 P. 128
Brandon v. Superior Court

Cases that cite this one

1 later published case cites this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

McKEE, J.

It is manifest, from the facts alleged in the ' petition, that the justice’s court whose judgments we are asked to review had jurisdiction of the subject matter, and of the person of the petitioner, as defendant, in the action in which the judgment was rendered (sections 114, 894, Code of Civil Procedure); and that, by the appeal taken from the judgment, the superior court acquired jurisdiction to try the action de novo (sections 976, 980, Id.). And as it does not appear by any allegations in the petition that either the superior court or the justice’s court exceeded its jurisdiction in any part of the proceedings in the case, the application for a writ of review must be denied. So ordered.

We concur: Morrison, C. J.; Myrick, J.; McKinstry, J.; Ross, J.; Thornton, J.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.