Coan v. Superior Court

California Supreme Court
Coan v. Superior Court, 14 Cal. 2d 591 (Cal. 1939)

Coan v. Superior Court

Opinion of the Court

THE COURT.

This is a petition to review an order of the Superior Court granting a motion to vacate a judgment for lack of jurisdiction of the person. The petition must be denied for the reason that the order is appealable as a special order after final judgment (Colby v. Pierce, 15 Cal. App. (2d) 723 [59 Pac. (2d) 1046]; Casner v. Superior Court, 23.Cal. App. (2d) 730 [74 Pac. (2d) 298] ; Harth v. Ten Éyck, 12 Cal. (2d) 709 [87 Pac. (2d) 693]), and it is the general rule that certiorari will not lie to re*592view an appealable order or judgment either before or after the expiration -of the time limited by law for appealing therefrom. (State Board of Equalization v. Superior Court, 9 Cal. (2d) 252 [70 Pac. (2d) 482] ; Casner v. Superior Court, supra.) The case of Zierath v. Superior Court, 35 Cal. App. 788 [171 Pac. 112], in which ease such an order was annulled on certiorari, failed to consider this objection, and must be disapproved.

Reference

Full Case Name
ERNEST G. COAN v. SUPERIOR COURT OF SAN BERNARDINO COUNTY
Status
Published