Coan v. Superior Court

Coan v. Superior Court, 95 P.2d 931 (Cal. 1939)

Court: California Supreme Court · State Highest Courts
Decided: November 9, 1939
Docket: No. S. F. No. 16329
Citations: 95 P.2d 93114 Cal. 2d 5911939 Cal. LEXIS 360

Cited by 5

Opinion

14 Cal.2d 591 (1939)

ERNEST G. COAN, Petitioner,

SUPERIOR COURT OF SAN BERNARDINO COUNTY et al., Respondents.

S. F. No. 16329.

Supreme Court of California. In Bank.

November 9, 1939.

Hales & Hales for Petitioner.

THE COURT.

[1] 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 PaCal.2d 1046]; Casner v. Superior Court, 23 Cal.App.2d 730 [74 PaCal.2d 298]; Harth v. Ten Eyck, 12 Cal.2d 709 [87 PaCal.2d 693]), and it is the general rule that certiorari will not lie to review *592 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 PaCal.2d 482]; Casner v. Superior Court, supra.) The case of Zierath v. Superior Court, 35 Cal.App. 788 [ 171 P. 112 ], in which case such an order was annulled on certiorari, failed to consider this objection, and must be disapproved.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 5 cases

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Relies on it most ⓘ

Lovret v. Seyfarth22 Cal. App. 3d 841 (1972)
City of San Diego v. Superior Court224 P.2d 685 (Cal. 1950)
Shrimpton v. Superior Court of L. A.Cty.139 P.2d 889 (Cal. 1943)
Eveleth v. American Brass & Iron Foundry203 Cal. App. 2d 41 (1962)
Stoner v. Superior Court155 P.2d 697 (Cal. Ct. App. 1945)

Most recent

Lovret v. Seyfarth22 Cal. App. 3d 841 (1972)
Eveleth v. American Brass & Iron Foundry203 Cal. App. 2d 41 (1962)
City of San Diego v. Superior Court224 P.2d 685 (Cal. 1950)
Stoner v. Superior Court155 P.2d 697 (Cal. Ct. App. 1945)
Shrimpton v. Superior Court of L. A.Cty.139 P.2d 889 (Cal. 1943)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

Depth	Case	Cited by
	Zierath v. Superior Court, 171 P. 112 (Cal. Ct. App. 1918)	6
	Colby v. Pierce, 59 P.2d 1046 (Cal. Ct. App. 1936)	19
	Harth v. Ten Eyck, 87 P.2d 693 (Cal. 1939)	11
	Casner v. Superior Court, 74 P.2d 298 (Cal. Ct. App. 1937)	10
	State Bd. of Equalization v. Superior Court, 70 P.2d 482 (Cal. 1937)	9

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