Simmons v. Superior Court
California Court of Appeal
APPLICATION originally made in the District Court of Appeal for the Second Appellate District for a Writ of Prohibition to restrain the Superior Court of San Diego County from proceeding with the trial of a certain action on a purported appeal from a Justice’s Court. The facts are stated in the opinion of the court.
1Opinion of the CourtShaw, J.
Upon notice duly given petitioner applies to this court for a peremptory writ of prohibition, the purpose of which is to restrain the superior court of San Diego County from proceeding with the trial of a certain ease pending in that court on a purported appeal from the justice’s court of San Diego township.
The application was heard upon respondents’ general demurrer interposed to the petition.
It appears from the petition that on November 11, 1915, in a certain case wherein petitioner was plaintiff and one Elizabeth G. Clarke was defendant, a judgment was rendered in the justice’s court of…
2Cases cited2 opinions
- Rigby v. Superior CourtCalifornia Supreme Court · 1912
- Johnson v. Superior CourtCalifornia Court of Appeal · 1915
3Cited by8 opinions
- Shriver v. Superior CourtCalifornia Court of Appeal · 1920
- Pacific States Corp. v. Superior CourtCalifornia Court of Appeal · 1925
- Golden v. Stansbuby, Inc.California Court of Appeal · 1957
- Gunn v. Superior CourtCalifornia Court of Appeal · 1946
- Autrand v. Superior CourtCalifornia Court of Appeal · 1951
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