City of Colton v. Superior Court

This is an application for a mandate for the purpose of directing the judges of the Superior Court of San Bernardino County to vacate an order made by them dismissing an appeal to said Superior Court from a judgment theretofore rendered in a recorder's court.

At the outset the respondents present a demurrer to the petition and contend that this court is without jurisdiction to issue a writ of mandate to the Superior Court to set aside its order dismissing the appeal from the recorder’s court. The authorities, however, do not sustain respondents in their position in that regard. (Peacock v. Superior Court, 163 Cal. 701 [ 126 Pac. 976 ]; Golden Gate Tile Co. v. Superior Court, 159 Cal. 474 [ 114 Pac. 978 ]; Hellner v. Superior Court, 61 Cal. App. 785 [ 215 Pac. 709 ]; San Francisco-Oakland T. Rys. v. Superior Court, 48 Cal. App. 586 [ 192 Pac. 116 ]; Widrin v. Superior Court, 17 Cal. App. 93 [ 118 Pac. 550 ].)

It is therefore apparent that the demurrer should be, and it is, overruled.

The facts with reference to the matter presented by the petitioner herein are that in an action pending in the recorder’s court of the city of Colton a judgment in favor of the defendant was…