# Coan v. Superior Court

> California Supreme Court · November 9, 1939 · 14 Cal. 2d 591

URL: https://www.frixlaw.com/law-library/cases/5650032

## Case

- **Full name:** ERNEST G. COAN v. SUPERIOR COURT OF SAN BERNARDINO COUNTY
- **Court:** California Supreme Court
- **Decided:** November 9, 1939
- **Citations:** 14 Cal. 2d 591
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5650032

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5650032. Public record. Not legal advice.