Onesti v. Freelon

Citations

• 61 Cal. 625
• 1882 Cal. LEXIS 677

Syllabus

<p>Weit of Review—Ho.w Directed.—Section 1070, Q. O. P., requires a writ of review to be directed to the Court, the proceedings of which are sought to bo reviewed and not to the Judge of the Court.</p> <p>Return by Whom Made to Writ of Review.—In this case the return should have been made by the Clerk and not by the Judge.</p> <p>Practice—Presumption as to Grounds of Order.—A motion was made in the Court below to dismiss the writ, on the grounds that the same was improperly' issued and for want of prosecution. As the order granting the motion is silent as to the ground upon which it was granted, it will be presumed that it was granted on both grounds.</p> <p>Error to Determine Merits of Case on Motion to Dismiss a Writ.—On a motion to dismiss a writ of review or other similar writ on the grounds that it was improperly issued, and for want of prosecution it is error for the Court to adjudicate upon the merits of the case, further than may necessarily result from granting the motion.</p>