Valentine v. Police Court

GRAY, C.

A petition was filed in the court below for writs of

certiorari

and prohibition. On demurrer to this petition the defendant had judgment. Plaintiffs appeal from the judgment.

From the petition it appears that the plaintiffs were tried and convicted in the defendant court of the crime defined in order' No. 1587 (secs. 1 and 34) of the hoard of supervisors of the city and county of San Francisco. The judgment was, that the defendants each pay a fine in a given sum, and that in default of payment they be imprisoned, etc. It further appears that after the conviction had in the police court, the case of the plaintiffs herein and defendants therein was appealed to the superior court, and the judgment was affirmed. Thereafter bench-warrants were issued by the police judge for the arrest and imprisonment of defendants therein to satisfy said judgments. The purpose of this action is to have it declared that the said judgments and bench-warrants are in excess of the jurisdiction of the police court, and that said judgments and warrants be annulled.

It is accordingly here urged that the ordinance upon which

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the prosecution was based was void for several different reasons, that the complaint filed in the police court did not state any offense, and that the judgments of the police court and the warrant based thereon are also void. All these questions were the proper subject of investigation and determination upon the appeal taken to the superior court. And it is not the purpose of the law that these same questions should be reinvestigated and redetermined by the supreme court or by any other court upon application for a writ of

certiorari

or prohibition, or upon an application for both of those writs. The writ of

certiorari

issues only in cases where there is no remedy by appeal. (Code Civ. Proc., sec. 1068;

White

v.