Risdon v. Prewett

California Court of Appeal

Risdon v. Prewett

97 P. 73, 8 Cal. App. 434

CourtCalifornia Court of Appeal

DecidedJune 24, 1908

DocketCiv. No. 468.

StatusPublished

This text of 97 P. 73 (Risdon v. Prewett) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Risdon v. Prewett, 97 P. 73, 8 Cal. App. 434 (Cal. Ct. App. 1908).

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Opinion

CHIPMAN, P. J.

This is an action to determine, upon reference by the surveyor general, the rights of the respective parties to purchase from the state .certain school land. The appeal is taken directly to this court. Respondent moves the court to dismiss the appeal upon certain grounds.

By section 4, article VI of the constitution, the district court of appeal is given appellate jurisdiction in certain enu *435 merated proceedings, “and in such other special proceedings as may be provided by law (excepting cases in which appellate jurisdiction is given to the Supreme Court); . . .” Section 52, Code of Civil Procedure, provides as follows: “The Supreme Court shall have appellate jurisdiction: . . . 4. In all special proceedings.” The action is a special proceeding and the appeal should have been taken to the supreme court.

Obviously, as the district court of appeal has not jurisdiction, it cannot determine the pending motion.

Agreeably to the provisions of section 4, article VI of the constitution, the cause is transferred to the supreme court.

Hart, J., and Burnett, J., concurred.

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CHIPMAN, P. J.

This is an action to determine, upon reference by the surveyor general, the rights of the respective parties to purchase from the state .certain school land. The appeal is taken directly to this court. Respondent moves the court to dismiss the appeal upon certain grounds.

By section 4, article VI of the constitution, the district court of appeal is given appellate jurisdiction in certain enu *435 merated proceedings, “and in such other special proceedings as may be provided by law (excepting cases in which appellate jurisdiction is given to the Supreme Court); . . .” Section 52, Code of Civil Procedure, provides as follows: “The Supreme Court shall have appellate jurisdiction: . . . 4. In all special proceedings.” The action is a special proceeding and the appeal should have been taken to the supreme court.

Obviously, as the district court of appeal has not jurisdiction, it cannot determine the pending motion.

Agreeably to the provisions of section 4, article VI of the constitution, the cause is transferred to the supreme court.

Hart, J., and Burnett, J., concurred.

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Bluebook (online)

97 P. 73, 8 Cal. App. 434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/risdon-v-prewett-calctapp-1908.