Fraser v. Freelon

Citations

• 53 Cal. 644

Syllabus

<p>Cebtiobabi—Pbactioe.—The writ should be directed to the Court whose proceedings are to be reviewed, and not to the Judge of the Court.—[Repobteb.] Same. — The return should be made by the Clerk of the Court, and not by the Judge.—[Repobteb.]</p> <p>Same — What Constitutes the Retubn. — A transcript of the record and proceedings in an action constitute the return to the writ of review, issued for the purpose of determining whether the Court in which the action was determined exceeded its jurisdiction, and no other document will be examined in passing upon that question.</p> <p>Excess ob Jubisdiction.—If the Court failed to acquire jurisdiction, either of the cause of action or of the parties to the action, the Court exceeded its ■ jurisdiction in rendering judgment.</p> <p>The People a Necessaby Pabty.—The question whether the act establishing the Court is constitutional and valid cannot be litigated in an action of this character brought by a private person, for the reason that the People are interested, and are entitled to be heard in the matter.</p>