San Francisco-Oakland Terminal Railways v. Superior Court
California Court of Appeal
PROCEEDING in Mandamus to compel the Superior Court of Alameda County and Dudley Kinsell, Judge thereof, to set aside an order dismissing a Justice’s Court appeal. Writ issued. The facts are stated in the opinion of the court.
1Opinion of the CourtNourse, J.
This is an original proceeding in mandate to require the superior court to set aside its order dismissing petitioner’s appeal from a judgment adverse to it rendered in the justice’s court in an action entitled Rinke v. San Francisco-Oakland Terminal Rys. etc., and to direct the lower court to proceed with the trial of the action. The petition as first filed was designated as one in certiorari. A demurrer was interposed upon the ground that mandamus and not certiorari was the proper remedy. This demurrer was sustained on the authority of Golden Gate Tile Co. v. Superior Court, 159 Cal. 474,…
2Cases cited2 opinions
- Golden Gate Tile Co. v. Superior Court, in & for City of S.F.California Supreme Court · 1911
- Widrin v. Superior CourtCalifornia Court of Appeal · 1911
3Cited by4 opinions
- Lyders v. Superior CourtCalifornia Court of Appeal · 1933
- Corrigan v. Superior CourtCalifornia Court of Appeal · 1925
- City of Colton v. Superior CourtCalifornia Court of Appeal · 1927
- Central Holding Corp. v. Superior CourtCalifornia Court of Appeal · 1932