Levy v. Superior Court of Yolo Cty.

Citations

• 66 Cal. 292
• 5 P. 353
• 1885 Cal. LEXIS 415

Syllabus

<p>Appeal fbom Justice’s Court—Jurisdiction—Undertaking.— An undertaking such as is required hy the statute is a prerequisite to the acquisition of jurisdiction hy the Superior Court of an appeal from a justice’s court. The Superior Court can neither give to itself jurisdiction hy holding an insufficient undertaking sufficient, nor divest itself of jurisdiction hy holding a sufficient undertaking insufficient. The sufficiency or insufficiency of the undertaking can he inquired into, in a proceeding to test the question of jurisdiction.</p> <p>Id.—Erroneous Dismissal—Certiorari—Mandamus.—Where the Superior Court erroneously dismisses such an appeal for a supposed insufficiency in the undertaking, the remedy of the appellant is hy certiorari to annul the order of dismissal, before proceeding hy mandamus to compel the hearing of the appeal.</p>