Culver v. Superior Court of Alameda Cty.

THE COURT.

This is a proceeding in

certiorari,

and it is sought therein to annul the order of the superior court - affirming on appeal thereto a judgment of a justice’s court.

[145]

In so far as the superior court is concerned, the material questions herein involved are the same in all respects as those involved in

Roberts

v.

Police Court and Superior Court, ante,

p. 65, [195 Pac. 1053]. (See in addition to cases cited in opinion therein,

Valentine

v.

Police Court,

141 Cal. 615, [75 Pac. 336];

American Law Book Co.

v.

Superior Court,

164 Cal. 327, [128 Pac. 921].)

[1]

It is immaterial

in this proceeding

whether or not the complaint in the justice’s court stated facts sufficient to show the commission of a public offense. If it did not state such facts, the superior court

erred

in affirming the judgment, but that was mere error in the exercise of its lawful jurisdiction. If for any reason the judgment of the justice’s court is

void

for want of jurisdiction, the superior court nevertheless had

jurisdiction

to affirm it. Whether or not such judgment can be attacked in some other proceeding, such as