Legal Opinion

Simon v. Justice's Court

California Supreme Court

Decided November 24, 1899No. Sac. No. 483PublishedCited by 69 opinions

APPEAL from a judgment of the Superior Court of San Joaquin County. Joseph H. Budd, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtMcFARLAND, J.

This is an appeal from a judgment of the superior court in a proceeding in certiorari in which the petitioners therein, Simon and Busch, sought to have certain orders of a justice’s court annulled.

The petitioners commenced an action in a justice’s court of the city of Stockton, of which C. P. Bendon was the justice, against one Sparks, who was served with summons in San Francisco, and had until the thirty-first day of August, 1897, to appear. On the first day of September, 1897, it appearing that no answer had been filed by Sparks and no appearance made by him in any way, default was entered…

2Cases cited3 opinions

  1. Winter v. FitzpatrickCalifornia Supreme Court · 1868
  2. Jones v. Justice's CourtCalifornia Supreme Court · 1893
  3. Weimmer v. SutherlandCalifornia Supreme Court · 1887

3Cited by69 opinions

  1. In Re Estate of CoverCalifornia Supreme Court · 1922
  2. Olcese v. Justice's Court of the First Judicial Twp.California Supreme Court · 1909
  3. Goodwine v. Superior CourtCalifornia Supreme Court · 1965
  4. Lacey v. BertoneCalifornia Supreme Court · 1949
  5. Zakaessian v. ZakaessianCalifornia Court of Appeal · 1945

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