Levy v. Superior Court of Yolo Cty.
California Supreme Court
Application for a writ of mandate. An appeal to the Superior Court of Yolo County, from a justice’s court, was dismissed, for a supposed insufficiency in the undertaking on appeal. This proceeding was thereupon instituted to compel the hearing of the appeal. The further facts are sufficiently stated in the opinion of the court.
1Opinion of the CourtMcKinstry, J.
The undertaking on appeal was sufficient to give jurisdiction to the Superior Court.
We suppose, on motion, the Superior Court will vacate the order dismissing the appeal.
If, however, it is necessary again to resort to this court for relief, we suggest to petitioner that his application should be for a writ of review, to annul the order dismissing the, appeal.
An undertaking, such as is required by the statute, is a prerequisite to the acquisition of jurisdiction by the Superior Court. That court can neither give to itself jurisdiction by holding an insufficient undertaking sufficient, nor…
2Cited by14 opinions
- Golden Gate Tile Co. v. Superior Court, in & for City of S.F.California Supreme Court · 1911
- State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
- Floyd v. District Court of the Sixth Judicial DistrictNevada Supreme Court · 1913
- Hall v. Superior CourtCalifornia Supreme Court · 1885
- Roberts v. Second Judicial District Court ex rel. County of WashoeNevada Supreme Court · 1920
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