People ex rel. Wheaton v. Weston
California Supreme Court
This was an original proceeding commenced in the Supreme Court, to obtain a writ of mandate requiring the County Judge of Solano County to proceed and try a cause which had been appealed from a Justice’s Court. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court,
Sawyer, J.
The County Court dismissed the appeal from the Justice’s Court on the ground that there was no stamp on the return, under the provision of the Act of Congress requiring “ writs or other process on appeal from Justices’ Courts, or other Courts of inferior jurisdiction to a Court of record ” to be stamped with a fifty cent stamp. The Court doubtless erred in dismissing the appeal. There is no “writ,” or “ process,”. within the meaning of those terms required under our practice. If there is anything in the proceeding in any sense analogous to a “ writ,” or “ process,” it…
2Cases cited4 opinions
- People ex rel. Smith v. Judge of the Twelfth DistrictCalifornia Supreme Court · 1861
- People ex rel. Brower & Delaney v. Judge of Wayne Co. CourtMichigan Supreme Court · 1850
- Van Wormer v. Mayor of AlbanyNew York Supreme Court · 1837
- Ex parte OstranderCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by6 opinions
- State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
- Ewing v. CohenTexas Supreme Court · 1885
- People ex rel. Sayer v. GarnettIllinois Supreme Court · 1889
- People v. SextonCalifornia Supreme Court · 1869
- Floyd v. District Court of the Sixth Judicial DistrictNevada Supreme Court · 1913
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