Matter of Application of Davidson
California Supreme Court
APPLICATION for a Writ of Mandate, originally brought in the District Court of Appeals of the third appellate district, to compel the county clerk of San Joaquin County to enter the default of the defendant in an action pending in the Superior Court. The facts are stated in the opinion of the court.
1Opinion of the Court
THE COURT.
This is an original proceeding by mandamus begun in the district court of appeal of the third district to compel the county clerk of San Joaquin County to enter the default of the defendant in a cause pending in the superior court. It appears that the action in which the entry of default is sought, is an action in which the appellate jurisdiction is in the supreme court. Because of this fact, the justices of the district court of appeal were of the opinion that that court had no jurisdiction of the mandamus proceeding and, accordingly, an order was made in that court purporting to…
2Cases cited1 opinion
- Rickey Land & Cattle Co. v. GladerCalifornia Court of Appeal · 1907
3Cited by4 opinions
- Rivera v. Division of Industrial WelfareCalifornia Court of Appeal · 1968
- Funeral Dirs. Ass'n. v. Bd. of Funeral Dirs. & EmbalmersCalifornia Supreme Court · 1943
- Matter of Application of DavidsonCalifornia Court of Appeal · 1914
- Tannahill v. Superior CourtCalifornia Court of Appeal · 1922