Legal Opinion

Ah Goon v. Superior Court

California Supreme Court

Decided October 12, 1882No. 8,573PublishedCited by 2 opinions

Application for writ of prohibition to the Superior Court of the City and County of San Francisco. Lawler, J. The facts were as stated in the opinion and in the syllabus.

1Opinion of the Court

The Court:

Petitioner for the writ of prohibition claims that Section 387 of the Code of Civil Procedure confers a special and limited jurisdiction on the Superior Court, which can be exercised only in case the complaint in intervention is both filed and served “ before the trial.”

In the case before us the order permitting intervenor to become a party was made, and the written intervention filed, before the trial. But before service of the complaint of intervenor, plaintiff and defendant proceeded to try the issues between them, which was doubtless irregular unless the attempt to intervene was…

2Cited by2 opinions

  1. Hospital Council of Northern California v. Superior CourtCalifornia Court of Appeal · 1973
  2. State Ex Rel. Sands v. District CourtMontana Supreme Court · 1933

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