Opinion

Coan v. Superior Court

  • 14 Cal. 2d 591
Court
California Supreme Court
Filed
Nov 9, 1939
Status
Published
Cited by
0 cases
Authority
More cited than 28.6%

The opinion

THE COURT.

This is a petition to review an order of the Superior Court granting a motion to vacate a judgment for lack of jurisdiction of the person. The petition must be denied for the reason that the order is appealable as a special order after final judgment (Colby v. Pierce, 15 Cal. App. (2d) 723 [ 59 Pac. (2d) 1046 ]; Casner v. Superior Court, 23.Cal. App. (2d) 730 [ 74 Pac. (2d) 298 ] ; Harth v. Ten Éyck, 12 Cal. (2d) 709 [ 87 Pac. (2d) 693 ]), and it is the general rule that certiorari will not lie to re *592 view an appealable order or judgment either before or after the expiration -of the time limited by law for appealing therefrom. (State Board of Equalization v. Superior Court, 9 Cal. (2d) 252 [ 70 Pac. (2d) 482 ] ; Casner v. Superior Court, supra.) The case of Zierath v. Superior Court, 35 Cal. App. 788 [ 171 Pac. 112 ], in which ease such an order was annulled on certiorari, failed to consider this objection, and must be disapproved.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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