Larue v. Gaskins
California Supreme Court
Appeal from the County Court of Alameda County. In August, 1853, the plaintiff commenced in a Justice’s Court, in Alameda County, an action of forcible entry and detainer against the defendant. The defendant answered, claiming title to the premises. The Justice, instead of proceeding to try the case, certified it to the District Court.
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Appeal from the County Court of Alameda County. In August, 1853, the plaintiff commenced in a Justice’s Court, in Alameda County, an action of forcible entry and detainer against the defendant. The defendant answered, claiming title to the premises. The Justice, instead of proceeding to try the case, certified it to the District Court. The cause was tried in the District Court of the Third Judicial District, during the November Term of 1853, and judgment rendered against the defendant. The defendant appealed to the Supreme Court, and at the January Term of 1854, the judgment of the District…
1Opinion of the CourtMurray, C. J.
Heydenfeldt, J., concurred.
The transfer of the cause from the Justice’s to the District Court, was illegal, and cannot defeat the plaintiff’s rights by operating a dis? continuance.
After the decision of this Court, the case stood on the docket .as if no transfer had ever been made, and it was his duty to proceed and try it. Being disqualified by the statute, he should have transferred it.
Thé Court below is directed to issue a peremptory mandamus.
2Cited by3 opinions
- Henderson v. AllenCalifornia Supreme Court · 1863
- Hall v. Justice's CourtCalifornia Court of Appeal · 1907
- People ex rel. Flagley v. HubbardCalifornia Supreme Court · 1863