Grant
Grant v. Justice's Court
Opinion
Lead Opinion
Buckles, J.
This is an appeal from the judgment of the superior court of Tuolumne County dismissing a writ of review sued out in said court to review the judgment of the justice’s court of the second township of said county. There is no bill or statement, and the appeal will be heard on the judgment-roll alone. The writ of certiorari was issued, and when the matter came on to be heard on the return the defendant moved to dismiss the writ on the ground that the petition or record does not show facts sufficient to entitle plaintiff to the writ. It was thereupon stipulated in open court by the respective parties that the said motion to dismiss and the said cause be heard and submitted together. The court found, among other things: “2nd. That on or about the 27th day of June, 1903, an action was commenced by one Louis Lepape against the above-named plaintiffs and one Chas. B. Grant, in the said justice’s court, which said action is entitled ‘Louis Lepape, plaintiff, vs. William Grant, George F. Grant, and Charles B. Grant, defendants,’ . . . brought to recover the sum of $106 and costs, ’ ’ for services performed, etc. In the fourth finding is the following: “That on the 22nd day of July, 1903, a…