Fabretti v. Superior Court
California Supreme Court
Application for a writ of mandate to the Superior Court of Santa Clara County. The writ was sought to compel the court to proceed with the consideration of an appeal of the petitioners from the justice’s court of Redwood township, in the case of Ferdinando Lotti v. Antonio Fabretti and Wife. Further facts are stated in the opinion of the court.
1Opinion of the CourtPaterson, J.
In the case-of Lotti v. Fabretti et ux., in the justice’s court of Santa Clara County, a demurrer to the complaint was overruled by the court, and the defendants having failed to answer, judgment was rendered in favor of the plaintiff therein. From this judgment the defendants appealed to the superior court on questions of law and fact. No statement of the case was filed. The appeal was properly considered by the court and by the parties as an appeal on questions of law alone. (Southern P. R. R. Co.v. Superior Court, 59 Cal. 471; Myrick v. Superior Court, 68 Cal. 98.) The appeal was duly…
2Cases cited8 opinions
- People ex rel. Jones v. Cty. Court of El DoradoCalifornia Supreme Court · 1858
- Southern Pacific Railroad v. Superior CourtCalifornia Supreme Court · 1881
- Hall v. Superior CourtCalifornia Supreme Court · 1885
- Myrick v. Superior CourtCalifornia Supreme Court · 1885
- Carlson v. Superior CourtCalifornia Supreme Court · 1886
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3Cited by9 opinions
- Golden Gate Tile Co. v. Superior Court, in & for City of S.F.California Supreme Court · 1911
- In Re SullivanCalifornia Court of Appeal · 1906
- Null v. Superior CourtCalifornia Court of Appeal · 1906
- Rinaldo v. Superior CourtCalifornia Court of Appeal · 1936
- Smith v. Superior CourtCalifornia Court of Appeal · 1905
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