Brooks v. Calderwood
California Supreme Court
Appeal from the Fourth District. Ejectment for a lot in San Francisco. Defendant Calderwood, upon entering his appearance, moved to transfer the cause to the United States Circuit Court for trial. Upon hearing, the motion was denied, and from the order of denial Calderwood appeals.
1Opinion of the Court · FieldField, C. J.
Cope, J. concurring.—Ordered Ordered that the appeal be dismissed, on the authority of the case cited by the respondent.
*125Subsequently, appellant applied for a rehearing, contending that by stipulation the case was submitted on its merits.
1Opinion of the Court · FieldField, C. J.
As no appeal lies from the order refusing to transfer the cause to the Circuit Court of the United States for trial, this Court has no jurisdiction to pass upon the merits of the application of the defendant, even with the stipulation of the parties. It will be time enough to consider the merits when the case is properly before us.
Rehearing denied.
3Cited by5 opinions
- Schlyen v. SchlyenCalifornia Supreme Court · 1954
- Athey v. Oregon Short Line RailroadIdaho Supreme Court · 1917
- State ex rel. Combination Silver Mining Co. v. CurlerNevada Supreme Court · 1868
- Estate of Hanley v. HanleyCalifornia Supreme Court · 1943
- Estate of Hanley v. HanleyCalifornia Supreme Court · 1943