Ah Goon v. Superior Court

Citations

• 61 Cal. 555
• 1882 Cal. LEXIS 666

Syllabus

<p>IifTEEVEimos-—Jurisdiction—Prohibition.—After the case in the lower Court was called for trial, an application was made by one D. for leave to intervene; and upon leave granted, the complaint in intervention was filed, but not served upon either of the original parties. Thereupon the trial proceeded as to the original issues, resulting in a verdict in favor of the plaintiff against the defendant; and afterwards this application was made to restrain the Court from proceeding further with the intervention.</p> <p>Held-. The Court below acquired jurisdiction by the order permitting intervener to become a party. When the complaint in intervention is filed (by leave of the Court), a trial before its service on the adverse party is premature, but an erroneous procedure in that regard does not affect the question of jurisdiction.</p>