Majority
p. 582[No. 11836. Department Two. January 21, 1887.] J. C. MASSMAN, Petitioner, v. SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent.
Headnote
Justice’s Court—Appeal—Nonsuit—Superior Court mat Grant New Trial. — Where a nonsuit has been granted on the trial of an appeal from a Justice’s Court, the Superior Court has jurisdiction to grant a new trial.Application for a writ of review to annul an order of the Superior Court of the city and county of San Francisco granting a new trial. The action in which the order complained of was made originated in a Justice’s Court, and from the judgment there rendered an appeal was taken to the Superior Court. On the trial of the appeal, the plaintiff was nonsuited, and judgment rendered in favor of the petitioner. The plaintiff moved for a new trial, which was granted. On the new trial, a judgment was rendered against the petitioner.
Ladd & Finlayson, for Petitioner.
Application for writ of review. The application must be denied. The Superior Court, in our opinion, had jurisdiction to grant a new trial in the case of a nonsuit on the trial of an appeal to it from a - Justice’s Court. (Code Civ. Proc., see. 980.)
Ordered accordingly.