5 Cal. 507
Decided July 1, 1855
California Supreme Court · decided 1855-07-01
In August, 1853, the plaintiff commenced in a Justice’s Court, in Alameda County, an action of forcible entry and detainer against the defendant. The defendant answered, claiming title to the premises. The Justice, instead of proceeding to try the case, certified it to the District Court. The cause was tried in the District Court of the Third Judicial District, during the November Term of 1853, and judgment rendered against the defendant.
Good law ✅— No negative treatment on recordhow we know
Decided 1855-07-01
Cited by 3 later decisions — most recently March 1907
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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¶1Heydenfeldt, J., concurred.
¶2The transfer of the cause from the Justice’s to the District Court, was illegal, and cannot defeat the plaintiff’s rights by operating a dis? continuance.
¶3After the decision of this Court, the case stood on the docket .as if no transfer had ever been made, and it was his duty to proceed and try it. Being disqualified by the statute, he should have transferred it.
¶4Thé Court below is directed to issue a peremptory mandamus.