Sherer

Sherer v. Superior Court

Good Law
1892 Cal. LEXIS 690·94 Cal. 354·29 P. 716
Supreme Court of CaliforniaApril 26, 1892No. 14825California1,004 words

Opinion

Lead Opinion

Harrison, J.

Certiorari to review the action of the superior court of Lassen County in entering judgment against the petitioner in a cause appealed from the justice’s court of township No. 1 in that county.

Whatever irregularities or errors were committed in the justice’s court cannot be examined upon this proceeding. The writ is directed to a review of the action of the superior court, and its functions are limited to such -acts of that court as were in excess of its jurisdiction.

*355 The provision of the constitution that the superior court “shall have appellate jurisdiction in such cases arising in justices’ and other inferior courts in their respective counties as may be prescribed by law ” limits the exercise of its jurisdiction to the extent and mode which the legislature may prescribe. The superior court can acquire appellate jurisdiction of a cause pending in a justice’s court only in conformity with the steps prescribed by the statute for taking an appeal from that court, nor can it, after such appeal has been taken, exercise any other jurisdiction in the cause than has been authorized by statute. Within the limits thus prescribed, however, its errors in the exercise of its…

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