Sour v. Superior Court

SHENK, J.

The following opinion of the District Court of Appeal, Fourth Appellate District, prepared by Mr. Justice Marks, is adopted as the opinion of the court, to wit:

“Petitioners, George and Peter Sour, recovered judgment in the justices’ court of San Diego Township, county of San Diego, against Western States Grocery Company, Inc., which appealed to the Superior Court of San Diego County on questions of law alone. Judgment in the justices’ court was rendered April 3, 1933, and on October 31, 1933, the following judgment was rendered by the Superior Court: ‘It is ordered that the judgment of the trial court

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be reversed, and that judgment be entered herein in favor of the defendant Western States Grocery Company, Inc., a corporation. It is further ordered that said defendant recover costs in the trial court and upon the appeal. ’

‘ ‘ San Diego township has a population in excess of thirty thousand. At the time the appeal from the justices’ court was taken, section 982a of the Code of Civil Procedure provided that appeals from such justices’ courts ‘shall be taken, heard and determined as provided in chapter four of this title relating to appeals from municipal courts’. Section 988h of the Code of Civil Procedure provides that on appeal from a municipal court the superior court ‘may affirm, reverse or modify any judgment or order appealed from and may direct the proper judgment or order to be entered.’ “Section 982a of the Code of Civil Procedure was repealed on August 20, 1933. Effective the same day, the title of chapter III, title XIII, part II of the Code of Civil Procedure was amended to read ‘Appeals from Justices’ Courts’, with the machinery of appeal and power of the appellate court set forth in that chapter.

“Section 974 of the Code of Civil Procedure provides for appeals to the superior court on questions of law, or fact, or both. Section 980' of the same code provides that ‘upon an appeal heard upon a statement of the case [an appeal on questions of law alone], the superior court may review all orders affecting the judgment appealed from, and may set aside, or confirm, or modify any or all of the proceedings subsequent to and dependent upon such judgment, and may, if necessary or proper, order a new trial. ’