Reynolds v. County Court of San Joaquin County
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, San Joaquin County. In an action before a Justice of the Peace Robert Lowry obtained a judgment against G. 0. Reynolds, and the latter appealed to the County Court. The County'Court dismissed the appeal on the ground, that the sureties on the undertaking on the appeal had not justified within five days after the filing of a notice of exception to the sufficiency of the sureties.
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Appeal from the District Court of the Fifth Judicial District, San Joaquin County. In an action before a Justice of the Peace Robert Lowry obtained a judgment against G. 0. Reynolds, and the latter appealed to the County Court. The County'Court dismissed the appeal on the ground, that the sureties on the undertaking on the appeal had not justified within five days after the filing of a notice of exception to the sufficiency of the sureties. The exception was filed with the .Justice, but no notice of it was given to Reynolds or to his attorney. Rey'nolds then filed a petition in the District…
1Opinion of the Court
By the Court:
The appeal is taken from the judgment of the District Court for San Joaquin County, dismissing a writ of certiorari heretofore issued by the County Court of the same county.
1. The Court below seems to have thought it “very questionable, at least, whether said District Judge or the District Court has authority under the Constitution of the State to grant the issuance of the writ of review.” In Keys v. Marin County, 42 Cal. 254, we held that the District Courts and the Judges of those courts have authority to issue the writ of certiorari. ' The provisions of the Practice Act (Sec.…
2Cited by9 opinions
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