Lamb v. McMullen

California Supreme Court
Lamb v. McMullen, 157 Cal. 14 (Cal. 1909)

Lamb v. McMullen

Opinion of the Court

THE COURT.

This case is an appeal from a judgment of the superior court in a proceeding in certiorari to review the proceedings of the board of supervisors of Orange County, whereby the Newbert Protection District was organized under the act approved February 23, 1907. (Stats. 1907, p. 16.)

The points raised are substantially the same as those considered and decided by this court in Keech v. Joplin, ante, p. 1, [106 Pac. 222], The appeal purports to have been taken directly to the supreme court. For the reasons given in the opinion in Keech v. Joplin, it should have been taken to the district court of appeal. That court has the appellate jurisdiction in certiorari proceedings.

It is ordered that this cause be transferred to the district court of appeal of the second district for further proceedings.

Reference

Full Case Name
W. D. LAMB v. D. A. McMULLEN
Status
Published
Syllabus
District Court or Appeal—Appellate Jurisdiction. — Cause ordered transferred to the district court of appeal, on the authority of Keech v. Joplin, ante, p. 1. Id.—Jurisdiction in Certiorari. — The district court of appeal has appellate jurisdiction in certiorari proceedings.