Alexander v. Municipal Court of Appeals of San Francisco
California Supreme Court
Appeal from a judgment of the late Nineteenth District Court, and from an order of the Superior Court of the city and county of San Francisco. On the 19th of July, 1877, H. Rothschild brought an action in the justice’s court of San Francisco against J. Alexander, to recover damages for alleged injuries to real property. From a judgment rendered therein against Alexander, an appeal was taken to the county court on questions of both law and fact.
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Appeal from a judgment of the late Nineteenth District Court, and from an order of the Superior Court of the city and county of San Francisco. On the 19th of July, 1877, H. Rothschild brought an action in the justice’s court of San Francisco against J. Alexander, to recover damages for alleged injuries to real property. From a judgment rendered therein against Alexander, an appeal was taken to the county court on questions of both law and fact. The act establishing the municipal court of appeals was passed April 1, 1878. On the 7th of August, 1879, the case of Rothschild v. Alexander, on…
1Opinion of the CourtSharpstein, J.
The respondent had the power to dismiss an appeal for a failure to prosecute it, or unnecessary delay in bringing it to a hearing. (C. C. P., § 980.)
Said court dismissed the appeal in Rothschild v. Alexander, “ for want of prosecution.” Conceding that the record does not show the existence of that or any other valid ground for the dismissal of the appeal, was such dismissal without or in excess of the jurisdiction of said court ? If not, the order cannot be reviewed on certiorari. The court had the power to dismiss the appeal for a failure to prosecute it. And the question whether there had…
2Cited by2 opinions
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