Haight v. Gay
California Supreme Court
Writ of Error to the District Court of the Eleventh Judicial District, County of Placer. On error; motion to quash the writ. This case was tried in the District Court of the Eleventh Judicial District, and judgment had on the-thirtieth October, 1856, from which defendants appealed to this Court. The appeal was perfected February 5th, 1857, and dismissed at the last April Term of this Court.
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Writ of Error to the District Court of the Eleventh Judicial District, County of Placer. On error; motion to quash the writ. This case was tried in the District Court of the Eleventh Judicial District, and judgment had on the-thirtieth October, 1856, from which defendants appealed to this Court. The appeal was perfected February 5th, 1857, and dismissed at the last April Term of this Court. At the last July Term, defendants moved to reinstate the case upon the calendar, which motion was overruled. They then sued out a writ of error, and plaintiffs now move to quash the writ, upon the ground…
1Opinion of the Court
Burnett,. J., after stating the facts, delivered the opinion of the Court—Terry, C. J., concurring.
The appellate power of the Supreme Court is given by the fourth section of the sixth article of the Constitution, which expressly empowers this Court to issue all writs and process-necessary to the exercise of its appellate jurisdiction. The Legislature, therefore, can pass no act impairing the exercise of this appellate power.
But while the Legislature cannot substantially impair the right of appeal, it is certainly competent to regulate the mere mode in which this right must be asserted. The…
2Cases cited1 opinion
- Jarvis v. BlanchardMassachusetts Supreme Judicial Court · 1809
3Cited by13 opinions
- Powers v. City of RichmondCalifornia Supreme Court · 1995
- People v. BrownCalifornia Supreme Court · 1993
- Neil v. Public Utilities CommissionIdaho Supreme Court · 1919
- In Re AlboriCalifornia Court of Appeal · 1928
- People v. JacksonCalifornia Supreme Court · 1923
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