Cunningham v. Superior Court
Synopsis
Affidavit upon Application fob Wbit of Cebtiobabi—Petition.—The affidavit upon an application for a writ of certiorari stated in effect that judgment had been rendered in a Superior Court against the plaintiff for the sum of one hundred dollars and eighty cents for goods sold, etc., and that the said judgment is in excess of the jurisdiction of the said Court.
Held: It does not appear from the petition, that the Court had not jurisdiction. The action may have been commenced in a Justice’s Court, and appealed to the Superior Court.
The Court: The application for a writ of review is denied, upon the ground that it does not appear from the petition that the Superior Court had not jurisdiction to try the action referred to in the petition. It does not appear that the action was commenced in the Superior Court. It may have been commenced in a Justice’s Court, and appealed to the Superior Court.
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