Richmond v. Houser

Citations

• 7 Cal. Unrep. 343
• 96 P. 908
• 1908 Cal. LEXIS 581

Syllabus

<p>Certiorari—Return—Sufficiency.—Where No Objection is Urged to the sufficiency of a return on an application for certiorari to review the proceedings of the superior court, and all parties treat the same as a correct transcript, the court of appeal will so regard it.</p> <p>Certiorari—Existence of Remedy by Appeal.—Certiorari lies to review an order of the superior court remanding an action in forcible detainer theretofore certified to the superior court by a justice of the peace, and such order is not reviewable only on appeal, since it is an improper divestiture of jurisdiction.</p> <p>Certiorari—Parties.—On Certiorari to Review an Order of the superior court, it is necessary that it should be a party, and, in its absence, the writ being directed to the judge of such court, its order cannot be annulled.</p>