Gallardo v. Hannah (1874) · DecisionDepot

Gallardo v. Hannah

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

California Supreme Court Jul 1, 1874 No. No. 3,686Published

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Holding. The court dismissed the petition because it failed to explain why the application was not first made to the District Judge and contained insulting language directed at the District Courts.

Issues

Whether the petition provided sufficient reason for bypassing the District Judge.
Whether the petition contained inappropriate language directed at the District Courts.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“The petition for the writ does not comply with the rule of this Court, by setting forth any sufficient reason why the application should not be made to the District Judge.”

“A petition of this kind cannot be made the vehicle of insulting the District Courts”

Synopsis

Petition fob Wbit of Bevtew.—A petition to the Supreme Court for a writ of certiorari, to review a judgment of the County Court, must set forth a sufficient reason why the application is not made to the District Court.

Idem.—A petition to the Supreme Court for a writ of certiorari cannot be made the vehicle of insulting the District Courts.

By the Court: The petition for the writ does not comply with the rule of this Court, by setting forth any sufficient reason why the application should not be made to the District Judge.

A petition of this kind cannot be made the vehicle of insulting the District Courts, and we only decline to notice the action of the petitioner further because we believe him incapable of appreciating the effect of the language he has employed. Petition dismissed.

Gallardo v. Hannah

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