94 Cal. 354 | Cal. | 1892
Certiorari to review the action of the superior court of Lassen County in entering judgment against the petitioner in a cause appealed from the justice’s court of township No. 1 in that county.
Whatever irregularities or errors were committed in the justice’s court cannot be examined upon this proceeding. The writ is directed to a review of the action of the superior court, and its functions are limited to such -acts of that court as were in excess of its jurisdiction.
It appears from the statement of the case upon which the appeal was heard by the superior court that on July 25, 1891, judgment had been rendered in the justice’s court in favor of the plaintiff, and that on August 1, 1891, upon motion of the defendant, the justice set aside the said judgment, and afterwards, on the same day, when the case came on for trial, gave and entered judgment dismissing the action and allowing the defendant his costs. Thereupon the plaintiff appealed to the superior court, and stated in his notice of appeal that he appealed “ from the judgment entered herein on the first day of August, 1891, in favor of the defendant, and against this plaintiff,” and that “ said appeal is taken on questions of law alone, and from the whole of said judgment.” In due time thereafter, a statement of the case was prepared and settled by the justice, and when the matter was heard thereon in the superior court, that court rendered and filed its decision that the judgment
“ This cause came on regularly to be heard on the seventh day of October, 1891, on appeal from justice’s court of township No. 1 of the county of Lassen, state of California, on questions of law alone, and the cause having been submitted to the court for its decision, and the court, on the twenty-sixth day of October, 1891, having made and filed its decision affirming the judgment given and made in said justice’s court on July 25, 1891, in favor of plaintiff, it is ordered, adjudged, and decreed that the plaintiff, H. L. Hoagland, do have and recover of the defendant, Josiah Sherer, the sum of $95.05, and his costs herein, taxed at $12.35.”
Section 980 of the Code of Civil Procedure provides: “Upon an appeal heard upon a statement of the case, the superior court may review all orders affecting the judgment appealed from, and may set aside, or confirm, or modify any or all of the proceedings subsequent to and dependent upon such judgment, and may, if necessary or proper, order a new trial. When the action is tried anew, on appeal, the trial must be conducted in all respects as other trials in the superior court.”
In the present case the judgment appealed from is the one which was entered August 1, 1891, and as there were no proceedings subsequent to or dependent upon such judgment, the action of the court was limited to a review of the orders “affecting” that judgment, or to the granting of a new trial. It had no jurisdiction to cause the judgment appealed from to be entered in its own records, nor could it enter its own judgment upon the merits of the case, except upon a new trial. While upon certiorari to the justice’s court it would have had authority to annul the order of August 1st vacating the previous judgment, and also the judgment of that date, yet upon an appeal from the judgment of August 1st it was limited to a review of that judgment, and if, in its judgment, the justice had erred in vacating the judg
It is therefore ordered that the judgment aforesaid entered in the superior court be and the same is hereby annulled, and that court is directed to proceed upon the appeal before it as is indicated in this opinion, and to render its judgment accordingly.
De Haven, J., Garoutte, J., McFarland, J., Paterson, J., and Sharpstein, J., concurred.