Burgess v. Superior Court

California Supreme Court

Burgess v. Superior Court

13 P. 166, 2 Cal. Unrep. 741

CourtCalifornia Supreme Court

DecidedFebruary 23, 1887

DocketNo. 11,887

StatusPublished

This text of 13 P. 166 (Burgess v. Superior Court) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burgess v. Superior Court, 13 P. 166, 2 Cal. Unrep. 741 (Cal. 1887).

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Opinion

By the COURT.

It appears by the answer of respondent that an appeal has been duly perfected to said superior court [742]*742from a judgment of a justice of the peace, who transferred all the papers in the case except a copy of his docket, which the superior court has made an order to have transferred as the law requires: Code Civ. Proe., sec. 975. Petitioner demurs to said answer, and upon the issue so raised the matter is submitted. The answer, in our opinion, shows that respondent is not acting without, nor in excess of, its jurisdiction.

The demurrer is overruled.

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By the COURT.

It appears by the answer of respondent that an appeal has been duly perfected to said superior court [742]*742from a judgment of a justice of the peace, who transferred all the papers in the case except a copy of his docket, which the superior court has made an order to have transferred as the law requires: Code Civ. Proe., sec. 975. Petitioner demurs to said answer, and upon the issue so raised the matter is submitted. The answer, in our opinion, shows that respondent is not acting without, nor in excess of, its jurisdiction.

The demurrer is overruled.

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Bluebook (online)

13 P. 166, 2 Cal. Unrep. 741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burgess-v-superior-court-cal-1887.