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67 Cal. 105

Palmer v. Snyder

California Supreme Court

Decided June 2, 1885

California Supreme Court · decided 1885-06-02

Proceedings for a writ of mandate to compel the defendants, as trustees of the city of San Diego, to audit a claim based upon a judgment recovered in the Superior Court of San Diego County. The action in which the judgment was recovered was begun by the city of San Diego against the petitioner to recover a fine for the violation of a city ordinance.

Decided 1885-06-02

The Court.

¶11. The appellant claims , that the justice of the peace of National Township had no jurisdiction of the case, and that a judgment rendered "by any justice having his office out of the city of San Diego, in a case under section 12 of the act to re-incorporate the city of San Diego, is void. (Stats. 1875-76, p. 812.) The act does not say that a judgment shall not be recovered before any justice out of the city. The action was properly brought before a justice of the city, and at the special instance and request of the city was transferred to a *106justice of National Township in the same county. We think the latter justice had jurisdiction. There is nothing in the act referred to to show that sections 833 and 836 of the Code of Civil Procedure are not applicable to this case, as to change of place of trial.

¶22. We find nothing in the act which shows error in the order that the defendants, the board of trustees, audit and allow plaintiff’s claim and issue warrant therefor.

¶3Judgment affirmed.

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