People ex rel. Jones v. Cty. Court of El Dorado

Citations

• 10 Cal. 19
• 1858 Cal. LEXIS 179

Syllabus

<p>A defendant who has been properly served with process issued out of a Justice’s Court, who allows judgment to be taken against him by default, admits the facts alleged in the complaint, and no appeal will lie from such judgment in reference to such facts, there being no issue of fact.</p> <p>In such a case, where the defendant appeals on questions of both law and fact, he is not entitled to to a trial de novo.</p> <p>Nor could he ask the County Court to hear the appeal on questions of law, unless there was a statement filed of the grounds on which he intended to rely.</p> <p>In all cases, the issue of fact must be made in the Court of original jurisdiction. The County Court can only re-try the issue tried in the Court below. This is what is meant by a trial anew in the County Court, under section six hundred and twenty-six of the Practice Act.</p> <p>Mandamus.</p>