People ex rel. Waldon v. Elkins
California Supreme Court
CERTIORARI to the County Court of Stanislaus County. This case haying! been tried in the Justice’s Court and judgment rendered against him, the defendant appealed to the County Court of Stanislaus County.
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CERTIORARI to the County Court of Stanislaus County. This case haying! been tried in the Justice’s Court and judgment rendered against him, the defendant appealed to the County Court of Stanislaus County. The case being called at the January term of said Court, both parties appeared by counsel, and the case was set for trial, on the first day of the March term of said Court, on which day the appellant by his counsel moved for a continuance, pending which motion without any previous notice, respondent’s counsel moved to dismiss the appeal on the grounds: First — That there was no proof that a…
1Opinion of the CourtRhodes, C. J.
The writ of certiorari was issued, to bring up for review the proceedings of the County Court of Stanislaus County, in dismissing an appeal from a Justice’s Court. The appeal was dismissed on the motion of the respondent, on the ground that a certified copy of the Justice’s docket had not *647been filed in the-County Court. The appellant objected to the hearing of the motion, because no notice had been served on him. The motion was filed the same day that the order was made, and no written notice of the motion was given. The petitioner’s position is, that the Court exceeded its jurisdiction in…
2Cases cited1 opinion
- Morley v. ElkinsCalifornia Supreme Court · 1869
3Cited by5 opinions
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