Legal Opinion

Acker v. Superior Court

California Supreme Court

Decided December 23, 1885No. 11188PublishedCited by 2 opinions

Application for a writ of review. The facts are stated in the opinion of the court.

1Opinion of the CourtMcKee, J.

— Application for a writ of review.

From the averments of the petition it appears that, on an appeal to the Superior Court of the city and county of San Francisco, taken on questions of both law and fact, from a judgment given in an action tried by a Justices’ Court, the Superior Court ordered the judgment reversed and the cause remanded for further proceedings.

The.order remanding the cause to the Justices’ Court for further proceedings is in excess of the jurisdiction of the court, and void.

For, as the case was originally tried in the Justices’ Court, and the appeal was taken “on questions of…

2Cases cited2 opinions

  1. People ex rel. Hitchcock v. FreelonCalifornia Supreme Court · 1857
  2. Coyle v. BaldwinCalifornia Supreme Court · 1855

3Cited by2 opinions

  1. Franks v. CesenaCalifornia Supreme Court · 1923
  2. H. L. Griffin Co. v. HowellUtah Supreme Court · 1911

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