Legal Opinion
Berger v. Superior Court
California Court of Appeal
Decided April 30, 1947No. Civ. 7370PublishedCited by 11 opinions
1Opinion of the Court
SCHOTTKY, J. pro tem.
Petitioner seeks a writ of prohibition to restrain the Superior Court of Yuba County from any further proceedings in an action filed in said court by one Rita Fern Notestine against petitioner. Petitioner previously appeared specially and made a motion in said superior court to vacate and quash service of complaint and summons upon him upon the ground that at the time of the attempted service under section 404 of the Vehicle Code he was a nonresident of the State of California.
That a writ of prohibition is the proper method of restraining a court which is exceeding its…
2Cases cited10 opinions
- Hess v. PawloskiSupreme Court of the United States · 1927
- Kane v. New JerseySupreme Court of the United States · 1916
- Jardine v. Superior CourtCalifornia Supreme Court · 1931
- Percy v. PercyCalifornia Supreme Court · 1922
- Johnston v. BentonCalifornia Court of Appeal · 1925
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Allen v. Superior Court of Los Angeles CountyCalifornia Supreme Court · 1953
- Briggs v. Superior CourtCalifornia Court of Appeal · 1947
- Arapajolu v. McMenaminCalifornia Court of Appeal · 1952
- Weisfeld v. Superior CourtCalifornia Court of Appeal · 1952
- Marjorie B. Mangene and Robert Mangene, Her Husband v. William J. DiamondCourt of Appeals for the Third Circuit · 1956
6 more not listed; retrieve them via the Exa API.