Dalzell v. Superior Court of San Benito County
California Supreme Court
Application for a writ of review. The facts are stated in the opinion of the court.
1Opinion of the CourtMcKee, J.
Application for a writ of review.
It appears from the allegations of the petition that the Superior Court of San Benito County, upon the hearing of a motion to dismiss an appeal taken from a judgment rendered by a Justice’s Court, finding that there was no service of the notice of appeal to give the court actual jurisdiction of the case, ordered a dismissal of the appeal; and it is contended that this order was in excess of the jurisdiction of the court and void, because service of the notice of appeal as prescribed by law was substantially proved upon the hearing of the motion to dismiss.
The…
2Cases cited4 opinions
- Coker v. Superior CourtCalifornia Supreme Court · 1881
- Doll v. SmithCalifornia Supreme Court · 1867
- Mendioca v. OrrCalifornia Supreme Court · 1860
- Trobock v. CaroCalifornia Supreme Court · 1882
3Cited by12 opinions
- Niles v. GonzalezCalifornia Supreme Court · 1907
- Mendini v. MilnerIdaho Supreme Court · 1929
- Rigby v. Superior CourtCalifornia Supreme Court · 1912
- Casasús v. White Star Bus Line, Inc.Supreme Court of Puerto Rico · 1941
- Brown v. Superior CourtCalifornia Court of Appeal · 1924
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