Ex Parte Thistleton

Citations

• 52 Cal. 220

Syllabus

<p>Exercise of Appellate Jurisdiction.—If the Constitution confers appellate-jurisdiction on a Court, and there is no statute providing for a mode of taking an appeal, and the Legislature has authorized the Court to issue all writs necessary to the exercise of its powers, a case may be brought up to the Court from an inferior tribunal, by a writ of error.</p> <p>Writ of Error.—A writ of error is a writ ex debito justifica, wherever, by reason of error, a judgment of a Gourt of record ought not to stand, and an appeal is not provided by statute.</p> <p>Court of Becord.—The City Criminal Court of the City and County of San Francisco is a Court of Becord, because it has a Clerk and Bailiff, and has. power to fine and imprison, although it has no seal.</p> <p>Writ of Error.—A writ of error may be issued by the County Court to the City Criminal Court of the City and County of San Francisco when there is no statute providing the mode of an appeal.</p> <p>Method of Exercising Appellate Jurisdiction.—It would seem that if the Constitution gives a Court appellate jurisdiction, and the statute authorizes it to issue all writs necessary to the exercise of its powers, it may frame and issue an appropriate writ for the purpose of bringing up a record from an inferior Court to enable it to review alleged errors.</p>