Miliken v. Huber

Citations

• 21 Cal. 166

Syllabus

<p>The Supreme Court cannot issue a writ of certiorari where its issuance would be the exercise of an original jurisdiction to superintend the proceedings of an inferior tribunal.</p> <p>The general power of supervision over inferior tribunals which pertains to the Court of King’s Bench in England pertains to the District Courts in this State.</p> <p>Nor can a writ of certiorari be issued by the Supreme Court where the act would be the exercise of appellate power, provided the review might have been had by an appeal, although the right of appeal is gone by the lapse of the time within which it was, by statute, required to be taken.</p> <p>Semble, that no proceeding can be brought up for review by writ of certiorari from the Supreme Court, unless it be one properly the subject of an appeal but for which no right of appeal has been provided by law.</p> <p>H. against whom a judgment had been rendered in the District Court, after the lapse of more than one year thereafter applied to the Supreme Court for a writ of certiorari to the District Court by which the judgment might be brought up for review, alleging that 'the Court below had exceeded its jurisdiction by rendering the 'judgment against him without having obtained jurisdiction of his person: Held, that the case was not one in which the Court had power to issue the writ.</p>