Hewitt v. Justice's Court

DOOLING, J., pro tem.

This is a proceeding by way of prohibition to test the jurisdiction of a justice’s court to try an action for the possession of real property under section 1161a of the Code of Civil Procedure. This section was added to the code in 1929 and, so far as material here, provides :

“In either of the following cases, a person who holds over and continues in possession of real property, after a three day written notice to quit the same, shall have been served upon him, or if there is a subtenant in actual occupation of the premises, also upon such subtenant, as prescribed in…