Summary
In Muir v. Superior Court, 58 Cal. 361, in passing upon the same objection, the court say: "The defense of a former adjudication does not go to the jurisdiction of the court.
Summary of this case from White v. Superior CourtOpinion
Department Two
Application for writ of certiorari.
COUNSEL
C. Temple Emmett, for Plaintiff.
A. H. Griffith, for Defendant.
OPINION
The Court:
The defense of a former adjudication does not go to the jurisdiction of the Court. In this case, when the question whether the contempt charged had been before adjudicated was raised, the Court had the same power to pass upon it as it had to pass upon any other question in the case, and if it erred in holding that there was no such former adjudication as claimed, the error can not be reviewed upon certiorari. That writ lies only in cases where the inferior Court has exceeded its jurisdiction. ( Code Civ. Proc. § 1068.)
Writ dismissed.