Eldridge v. City of Stockton (1870) · DecisionDepot

Eldridge v. City of Stockton

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1870 No. No. 2,485Published

Before: Rhodes

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Holding. The court denied the petition for mandate because either the District Court lacked jurisdiction, leaving the case pending in County Court, or it possessed jurisdiction and properly dismissed the cause, rendering the dismissal final.

Issues

Whether the District Court acquired jurisdiction over the cause on appeal from the County Court.
Whether the Justice of the Peace was required to issue an execution following the District Court's order of dismissal.

Disposition. Mandate denied.

Synopsis

Dismissal by the Disteict Couet of Cause Pending in the County Cotjbt — « Effect of.—An order of the District Court dismissing a cause of which it has no jurisdiction, and which is pending in the County Court on appeal from the Justice’s Court, leaves it still pending in the County Court.

Idem.—If the District Court acquired jurisdiction, its order dismissing the cause is final and conclusive in the proceeding.

Rhodes, C. J., delivered the opinion of the Court, Wallace, J., Sprague, J., and Temple, J., concurring:

If the District Court had no jurisdiction of the cause, it is still pending in the County Court on appeal; and if the [694]District Court clicl acquire jurisdiction, its order dismissing the cause, is final and conclusive in this proceeding, and the Justice of the Peace rightfully refused to issue an execution. Mandate denied.

Crockett, J., expressed no opinion.

Eldridge v. City of Stockton

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