Winter v. Fitzpatrick

Citations

• 35 Cal. 269

Syllabus

<p>Jurisdiction in Certiorari. — The jurisdiction of the Supreme Court on appeal from a judgment of the District Court, rendered in a certiorari case, does not depend upon the amount in controversy. The only question the Supreme Court looks into is to ascertain whether the inferior tribunal, Board, or officer, had jurisdiction, and if not, whether there is any appeal, or other plain, speedy, and adequate remedy.</p> <p>Inferior Courts—Jurisdiction of.—Inferior Courts cannot go beyond the power conferred on them by statute. They can assume no power by implication.</p> <p>Power of Justices of the Peace.—A Justice of the Peace has no power to vacate or set aside a judgment rendered by him, except upon motion for a new trial.</p> <p>Order of Justice Vacating Judgment.—An order of a Justice of the Peace vacating a judgment rendered by him, without a motion for a new trial, is in excess of his jurisdiction, and is not a judgment from which an appeal will lie, and will be annulled on certiorari. A judgment annulling such order should not affirm the original judgment.</p>