Legal Opinion

Buckley v. Superior Court

California Supreme Court

Decided September 1, 1892No. 15079PublishedCited by 32 opinions

Writ of review to the Superior Court of Fresno County. The facts are stated in the opinion of the court.

1Opinion of the CourtGaroutte, J.

— A motion was made in the superior court of Fresno County to dismiss the appeal then pending before that court in the case of Hulen v. Buckley, the ease having been originally tried in the justice’s court.

The motion was made upon the grounds that, — 1. The judgment appealed from was entered by default, and is not appealable; 2. That no motion was made in the lower court to set aside the default before the appeal •was taken; 3. That said appeal was taken upon questions of both law and fact. The court granted the motion, and we are now asked to review that action by a writ of review.

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2Cases cited2 opinions

  1. Sherer v. Superior CourtCalifornia Supreme Court · 1892
  2. Carlson v. Superior CourtCalifornia Supreme Court · 1886

3Cited by32 opinions

  1. Olcese v. Justice's Court of the First Judicial Twp.California Supreme Court · 1909
  2. Golden Gate Tile Co. v. Superior Court, in & for City of S.F.California Supreme Court · 1911
  3. White v. Superior CourtCalifornia Supreme Court · 1895
  4. State ex rel. King v. Second Judicial District CourtMontana Supreme Court · 1900
  5. People v. TongCalifornia Supreme Court · 1909

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