Eckard v. Superior Court

4 Citing cases

  1. Acuna v. Gunderson Chevrolet, Inc.

    19 Cal.App.4th 1467 (Cal. Ct. App. 1993)   Cited 7 times

    The limitations imposed on superior courts by this statutory scheme are an exercise of the Legislature's long-acknowledged power to prescribe the appellate court jurisdiction of superior courts. ( Eckard v. Superior Court (1925) 195 Cal. 473, 476 [ 234 P. 80].) Therefore, our task as a reviewing court is to interpret the statutes so as to give effect to the Legislature's clearly stated intent to create an expeditious and inexpensive method of resolving disputes and to avoid the complexity and delay of ordinary litigation.

  2. Chapman v. Superior Court

    117 Cal.App. 578 (Cal. Ct. App. 1931)

    The provisions of this section have frequently been held to be mandatory. ( Swim v. Superior Court, 193 Cal. 539 [ 226 P. 2]; Eckard v. Superior Court, 195 Cal. 473 [ 234 P. 80]; Hoopes v. Superior Court, 71 Cal.App. 564 [ 235 P. 739]; Larkin v. Superior Court, 171 Cal. 719 [Ann. Cas. 1917D, 670, 154 P. 841].

  3. Keys v. Borden

    171 So. 887 (Miss. 1937)   Cited 3 times
    In Keys v. Borden, 178 Miss. 173, 171 So. 887, the appeal bond was required to be in the penalty of $100, instead the bond given and approved was in the penalty of only $30.

    When plaintiff appeals to the circuit court from a justice's court, and then exercises his right to dismiss the cause or take a nonsuit, the case is taken out of court and the judgment of the justice is thereby vacated. Leonard v. Security Bldg. Co., 175 Mo. App. 480, 162 S.W. 685; Eckard v. Superior Court, 195 Cal. 473, 234 P. 80; Hartsock v. Insurance Co., 223 Ill. App. 433. A plaintiff may, upon trial, submit to a nonsuit or voluntary discontinuance before trial in a suit brought into the circuit court by appeal from a justice.

  4. Lucedale Comm. Co. v. Strength

    163 Miss. 346 (Miss. 1932)   Cited 20 times

    There is a vast difference between the dismissing of an appeal from a justice court and a dismissal of the action itself. Eckard v. Superior Court, 234 P. 80, 195 Cal. 473; Hartsock v. Insurance Company, 223 Ill. App., 433. A plaintiff may, upon trial, submit to a non-suit or voluntary discontinuance before trial in suit brought into the circuit court by appeal from a justice.