Alexander v. Municipal Court of Appeals

Citations

• 2 Cal. Unrep. 390
• 4 P. 961
• 1884 Cal. LEXIS 791

Syllabus

<p>Certiorari—Rehearing not Permissible After Judgment.—Certiorari cannot be used to review an error or irregularity committed in exercise of a court’s jurisdiction. A rehearing after judgment, on a writ of review, cannot be had in the lower court. The question upon the return of the writ is whether the court, whose judgment is the subject matter of review, pursued its jurisdiction, and the judgment on that question is reviewable only on appeal.</p> <p>Municipal Court of Appeals—Dismissal of Appeal.—A dismissal of an appeal from the justice’s court, taken on questions of law and fact, by the municipal court of appeals of the city and county of San Praneisco, after the cause has been placed on the calendar by stipulation of the parties, if the appellant fails to appear at the trial, although no notice of a motion to dismiss has been given, though irregular, is not reviewable on certiorari.*</p>