Opinion
Department One
Application for writ of certiorari to the Superior Court of Nevada County.
The complaint in the Justice's Court was an account entitled " Mr. James Kitts to Wm. Seaman, Dr." The amended complaint alleged an indebtedness from the defendant to the plaintiff and one " K." as partners, and an assignment by " K." to the plaintiff.
COUNSEL
Dibble & Kitts, for Plaintiff.
The Superior Court can not allow amendments in appealed cases. (People ex rel. Jones v. The County Court of El Dorado Co. , 10 Cal. 19; Santa Cruz v. Santa Cruz R. R. Co. , 6 P. C. L. J. 473; Gould et al., Com. of Highways, v. Glass, 19 Barb. 179; Fowler v. Hyland et al. , 12 N.W. Reporter, 26; Cross et al. v. Eaton, id. 35; Rickey v. Superior Court Nevada Co. , 59 Cal. 661; S. P. R. R. Co. v. Superior Court of Kern Co. , 59 id. 471.
OPINION The Court:
The petition here discloses no excess of jurisdiction on the part of the Superior Court.
Writ denied.