Holbrook, Merrill & Stetson v. Superior Court of Sacramento County

Citations

• 106 Cal. 589
• 39 P. 936
• 1895 Cal. LEXIS 646

Syllabus

<p>Justice’s Court—Objection to Jurisdiction—Appeal—Questions op Law and Pact.—Where a defendant, sued in the justice’s court of a county having no jurisdiction of the action, objected to the jurisdiction by a motion to dismiss the action, and also by special demurrer, and afterwards, not waiving his motion or demurrer, in his answer to the merits pleaded in a separate defense facts showing that the court had no jurisdiction, if all of his objections to the jurisdiction were overruled and the case determined upon the merits, the defendant may appeal to the superior court upon questions both of law and fact, and is not bound to take only the question of jurisdiction to the superior court upon a statement of the case.</p> <p>Id.—Decision of Jurisdiction upon Appeal.—It is proper for the superior court to dispose of the defense of want of jurisdiction before considering the merits of the case upon the appeal.</p> <p>Id.—Writ of Review.—A writ of review will not lie where there is no excess of jurisdiction, even though there may be error in the decision of the court sought to be reviewed. „</p>