Heinlen v. Phillips

Citations

• 88 Cal. 557
• 26 P. 366
• 1891 Cal. LEXIS 732

Syllabus

<p>Appeal — Jurisdiction — Certiorari — Annulling Order of Justice’s Court. — The supreme court has jurisdiction of an appeal from an order of the superior court, made on certiorari, annulling an order of a justice’s court.</p> <p>Id. — Case Overruled. — The decision in the case of Bienenfeld v. Fresno Milling Go., 82 Cal. 425, is overruled.</p> <p>Id.—Amount in Controversy — Jurisdiction — Adequate Remedy.— The jurisdiction of the supreme court on appeal from a judgment rendered in a case of certiorari does not depend upon the amount in controversy; hut the only question the appellate court looks into is to ascertain whether the inferior tribunal, board, or officer had jurisdiction, and if not, whether there is any plain, speedy, and adequate remedy.</p> <p>Justice Court — Jurisdiction — Setting aside Judgment.—A justice of the peace has no power to set aside a judgment rendered after a regular trial.</p> <p>Id. — Time for Rendition of Judgment — Directory Statute. — Section 892 of the Code of Civil Procedure, providing that “when the trial is by the court judgment must be rendered at the close of the trial,” is merely directory, and a judgment is not void because not rendered until six weeks after the submission of the case.</p>