Coulter v. Stark

Citations

• 7 Cal. 244

Syllabus

<p>A writ of certiorari is not the proper remedy where there has been no excess of jurisdiction.</p> <p>A justice of the peace has jurisdiction to grant appeals, and to stay proceedings thereupon ; and his action cannot be reviewed on certiorari.</p> <p>Where the appeal is bona fide, and not taken for delay, appellate Courts will always permit a new undertaking to be filed where the original is defective.</p> <p>Service of a notice of appeal upon the opposite attorney is always sufficient.</p>