Werner v. Superior Court of S.F.
California Supreme Court
APPLICATION for a Writ of Prohibition directed to the Superior Court of the City and County of San Francisco. Frank J. Murasky, Judge. The facts are stated in the opinion of the court.
1Opinion of the Court
THE COURT.
This is a petition for a writ of prohibition to restrain the superior court from proceeding with the hearing and determination of a case appealed to it from the justice’s court upon the ground that the superior court had never acquired jurisdiction of the cause upon appeal.
In support of his application petitioner contends that the undertaking given on appeal is so radically defective as to be a nullity, wherefore the superior court never acquired jurisdiction (McCracken v. Superior Court, 86 Cal. 74, [24 Pac. 845]). The defect in the undertaking which it is contended thus completely…
2Cases cited3 opinions
- McCracken v. Superior CourtCalifornia Supreme Court · 1890
- Benedict v. BunnellCalifornia Supreme Court · 1857
- Swain v. GravesCalifornia Supreme Court · 1857
3Cited by4 opinions
- Shriver v. Superior CourtCalifornia Court of Appeal · 1920
- Cohen v. ConnickCalifornia Court of Appeal · 1915
- Washington National Insurance v. Superior CourtCalifornia Court of Appeal · 1933
- Shriver v. Superior CourtCalifornia Court of Appeal · 1920