Reynolds v. Superior Court (1883) · DecisionDepot

Reynolds v. Superior Court

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

California Supreme Court Nov 30, 1883Published

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Holding. A petition for a writ of certiorari is barred if it is filed after the expiration of the time period allowed for an appeal from a final judgment, absent extraordinary circumstances.

Issues

Whether a petition for certiorari filed more than one year after the entry of judgment is barred by the lapse of time.

Disposition. Writ denied and proceedings dismissed.

Quotations verified verbatim against the opinion

“unless circumstances of an extraordinary character be shown to have intervened, the remedy through a writ of certiorari should be held to be barred by the lapse of the same length of time that bars an appeal from a final judgment.”

Synopsis

Certiorari to review a judgment and order made by the Superior Court of Los Angeles County.

The facts are sufficiently stated in the opini

Per Curiam. By means of certiorari the petitioner seeks to call in question the validity of a judgment and an order made and entered considerably more than one year before the presentation of his' petition. In Keys v. Marin County, 42 Cal. 256, it was held that unless circumstances of an extraordinary character be shown to have intervened, the remedy through a writ of certiorari should be held to be barred by the lapse of the same length of time that bars an appeal from a final judgment.

In the present case no excuse is shown for the delay in the application.

Writ denied and proceedings dismissed.

Reynolds v. Superior Court

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