Legal Opinion

Sherer v. Superior Court

California Supreme Court

Decided December 7, 1892No. 15231PublishedCited by 27 opinions

Application to the Supreme Court for a writ of review to annul a judgment of the Superior Court of Lassen County. The judgment sought to be annulled was rendered upon appeal to the superior court from a judgment rendered in justice’s court in favor of the defendant in an action brought by H. L. Hoagland against Josiah Sherer. The appeal was taken by the plaintiff upon questions of law alone.

Read the full summary

Application to the Supreme Court for a writ of review to annul a judgment of the Superior Court of Lassen County. The judgment sought to be annulled was rendered upon appeal to the superior court from a judgment rendered in justice’s court in favor of the defendant in an action brought by H. L. Hoagland against Josiah Sherer. The appeal was taken by the plaintiff upon questions of law alone. The superior court rendered a judgment affirming a previous judgment of the justice’s court in favor of the.plaintiff, which had been set aside by the justice. This judgment of the superior court was…

1Opinion of the Court

De Haven, J.—

This is an application for a writ of certiorari to annul a judgment entered by the superior court of Lassen County, in a certain action pending in that court on appeal from the judgment of a justice of the peace of that county.

The application must be denied. The superior court committed a very grave error in striking out the answer of petitioner filed in that action, and in rendering judgment against him without any further trial, and as if he was in default. But the motion asking the court for such order and judgment was regularly submitted to it, and was clearly within its…

2Cases cited1 opinion

  1. Buckley v. Superior CourtCalifornia Supreme Court · 1892

3Cited by27 opinions

  1. O'Brien v. People ex rel. Kellogg Switchboard & Supply Co.Illinois Supreme Court · 1905
  2. Pacific Telephone Etc. Co. v. EshlemanCalifornia Supreme Court · 1913
  3. Franklin Union No. 4 v. PeopleIllinois Supreme Court · 1906
  4. People v. TongCalifornia Supreme Court · 1909
  5. Dahlgren v. Superior CourtCalifornia Court of Appeal · 1908

22 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API