Wittman

This is a certiorari proceeding in which the trial court gave the plaintiff judgment annulling an order of defendant which directed the sheriff of the said city and county to summon forty jurors for the trial of the plaintiff on a charge of misdemeanor then regularly pending before the defendant police court. The defendant appeals from the judgment.

The writ of certiorañ, otherwise denominated the writ of review, is an extraordinary remedy, and lies only “when an inferior tribunal, board, or officer, exercising judicial functions, has exceeded the jurisdiction of such tribunal, board, or officer, and there is no appeal, nor, in the judgment of the court, any plain, speedy, and adequate remedy.” (Code Civ. Proc., sec. 1068.)

It is provided in section 230 of the Code of Civil Procedure as follows: “When jurors are required in any of the justices’ courts or in any police or other inferior court, they shall, upon the order of the justice, or any one of the justices where there is more than one, or of the judge thereof, be summoned by the sheriff, constable, marshal, or policeman of the jurisdiction.” In the regular course of the misdemeanor case pending before the herein defendant…