Gray v. Schupp

Decided April 15, 1854

California Supreme Court · decided 1854-04-15

The original proceedings before the Justice of the Peace were for the recovery of land under the statute passed April 20th, 1852, prescribing the mode of maintaining and defending possessory actions on public lands in this State. The cause was brought by certiorari, to the District Court, on the ground that the Justices’ Court had no jurisdiction, and that the County Court could acquire no appellate jurisdiction where the original Court had none.

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Decided 1854-04-15

How this case has been cited

Cited by 3 later decisions — most recently May 1942

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. Ch. J. Murray

¶1delivered the opinion of the Court.

Mr. J. Heydeneeldt concurred.

¶2This appeal is prosecuted from a judgment of the District Court, reviewing, upon certiorari, the judgment of a Justice of the Peace.

¶3The writ was issued Upon representation that the Justice . had exceeded his jurisdiction.

¶4We have repeatedly held, that an appeal does not lie from the judgment of a Justice to the District Court. Our statute only authorizes a writ of review, or certiorari, in cases where there is not a plain, speedy and adequate remedy by appeal.

¶5This is not such a case as is contemplated by the statute. The District Court erred in entertaining jurisdiction of the * case, and the error complained of might [186] have been corrected by an appeal to the County Court.

¶6The judgment of the District Court is reversed, and the certiorari issued by said Court dismissed with costs.