Legal Opinion

Bennett v. Wallace

California Supreme Court

Decided January 15, 1872No. 3,081PublishedCited by 21 opinions

Certiorari to the Judge of the Seventh Judicial District. The petition represents that on the 26th day of September, 1867, the District Judge, at his chambers, signed a decree in the case of Susan Bennett against the petitioner, in which it was adjudged and decreed that the bonds of matrimony existing between the parties be dissolved; that the petitioner pay to Susan Bennett the sum of five hundred dollars for her costs, and thirty dollars per month for the support of an…

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Certiorari to the Judge of the Seventh Judicial District. The petition represents that on the 26th day of September, 1867, the District Judge, at his chambers, signed a decree in the case of Susan Bennett against the petitioner, in which it was adjudged and decreed that the bonds of matrimony existing between the parties be dissolved; that the petitioner pay to Susan Bennett the sum of five hundred dollars for her costs, and thirty dollars per month for the support of an infant child; that the said Susan have the care and custody of the child, and that said decree be entered as of the last…

1Opinion of the Court

By the Court,

Wallace, C. J.:

The writ of certiorari lies only in those cases in which, in the exercise of judicial functions, an excess of jurisdiction has occurred—and in which “ there is no appeal,” etc. (Pr. Act, Sec. 456.) Unless the case be brought within both these conditions, the writ must be dismissed.

*27It is not denied on the part of the petitioner that the final judgment and the orders of the District Court in question might have been examined here upon appeal taken in time for that purpose; but it is insisted that, as the time limited by statute for the taking of the appeal has been…

2Cases cited1 opinion

  1. Miliken v. HuberCalifornia Supreme Court · 1862

3Cited by21 opinions

  1. Valentine v. Police CourtCalifornia Supreme Court · 1904
  2. Postal Telegraph-Cable Co. v. Superior CourtCalifornia Court of Appeal · 1913
  3. Leach v. Superior CourtCalifornia Supreme Court · 1932
  4. Stuttmeister v. Superior CourtCalifornia Supreme Court · 1886
  5. Ramsey v. PettengillOregon Supreme Court · 1886

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