White

White v. Lighthall

Good Law
1 Cal. 347
Supreme Court of CaliforniaDecember 15, 1850California325 words

Opinion

Lead Opinion

Bennett, J.

By the Court,

This was a proceeding for forcible entry and detainer commenced before a justice of the peace. From the judgment of the justice an appeal was taken to the county court, and judgment was there rendered. An application was then made to this court for a certiorari to the county court, to remove the proceedings for review into this court. I entertained no doubts at the time the certiorari was issued, that we had no jurisdiction ; but my associates having some, it was allowed to go. The question now comes up on the return to *348 the certiorari, and has been argued before us ; and we are satisfied that we have no jurisdiction over the matter.

The supreme court is strictly an appellate court, having no original jurisdiction. Its appellate jurisdiction extends only to those cases in which the legislature authorizes it to entertain appeals. The legislature has conferred upon us no power to review judgments of the county court, on appeal, or in any other way. It is true that we may issue writs of certiorari, but only to courts from whose judgments an appeal may be taken. The county court is not one of these. The legislature has not provided any practice, by which a judgment…

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