Legal Opinion

Bennett v. Superior Court

California Supreme Court

Decided July 23, 1896No. S. F. No. 194PublishedCited by 8 opinions

Certiorari from the Supreme Court to review and annul an order of the Superior Court of San Diego County refusing to dismiss an appeal from the Justice’s Court of San Diego Township. W. L. Pierce, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtGaroutte, J.

This is an application for a writ of review. The petitioner asks that the writ issue for the purpose of reviewing the action of the superior court of the county of San Diego, in certain litigation then pending before it, as being in excess of its jurisdiction. The salient facts presented by the petition, and the return to the writ, may be stated as follows: The defendants in a certain action desired to appeal from a money judgment rendered against them, before a justice of the peace and in favor of this petitioner. They filed an undertaking upon appeal, with one Chase and one Newkirk as…

2Cases cited1 opinion

  1. Dore v. CoveyCalifornia Supreme Court · 1859

3Cited by8 opinions

  1. Hoffman v. LewisUtah Supreme Court · 1906
  2. W. P. Jeffries Co. v. Superior CourtCalifornia Court of Appeal · 1910
  3. Yowell v. District Court of the Fourth Judicial District of the State of Nevada ex rel. County of ElkoNevada Supreme Court · 1916
  4. Lane v. Superior CourtCalifornia Court of Appeal · 1907
  5. Clay v. Superior CourtCalifornia Court of Appeal · 1916

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