Odell v. Dozier

1. There is in our practice no requirement that a judgment of the superior court in a certiorari case, the effect of which is to order a new trial in the justice’s court, shall be formally certified to the latter. Usually the magistrate becomes informed through the parties, or their counsel, of the action had in the superior court; and sections 4652, 4655 and 4656 of the Civil Code seem to contemplate that when the superior court on certiorari orders a new trial, it shall be the duty- of the clerk to send back to the magistrate all the papers in the case; and this, of course, puts the…