Farrisee v. Superior Court
California Court of Appeal
PROCEEDING in Certiorari to review the action of the Superior Court of Los Angeles County in denying petitioner’s motion to dismiss an appeal from a judgment rendered by a Justice’s Court. Order denying motion annulled. The facts are stated in the opinion of the court.
1Opinion of the CourtShaw, J.
Certiorari. The question presented is the power of the superior court to proceed with the trial of an action pending therein on appeal from a judgment rendered by a justice’s" court, after denying, a motion to dismiss the same made upon the ground that the superior court is without jurisdiction to try the case, for the reason that the sureties upon the undertaking failed to qualify within five days after exceptions interposed to their sufficiency, and that a second notice of appeal and undertaking thereon, filed before the expiration of the time within which the sureties might have qualified…
2Cases cited3 opinions
- Moffat v. GreenwaltCalifornia Supreme Court · 1891
- Tompkins v. MontgomeryCalifornia Supreme Court · 1897
- Brown v. PlummerCalifornia Supreme Court · 1886
3Cited by4 opinions
- Shriver v. Superior CourtCalifornia Court of Appeal · 1920
- Blade v. Superior CourtCalifornia Court of Appeal · 1929
- Bardwell v. Superior CourtCalifornia Court of Appeal · 1934
- Shriver v. Superior CourtCalifornia Court of Appeal · 1920