Wallace v. Edwards

Annotate this Case
[Civ. No. 26712. Second Dist., Div. Four. June 10, 1963.]

ALAMAE HANKINS WALLACE, Plaintiff and Respondent, v. B. T. EDWARDS, Defendant and Appellant.


Welford R. Wilson for Defendant and Appellant.

Alamae Hankins Wallace, in pro. per., for Plaintiff and Respondent.



[1a] Respondent secured a judgment against appellant in small claims court. Appellant duly appealed that judgment to the superior court. (Code Civ. Proc., § 117j.) There being no appearance at the time set for hearing in the superior court, that court entered judgment for respondent. A motion by appellant to vacate that judgment, on the ground of failure to give statutory notice of hearing, was denied. Appellant now appeals to this court from such denial.

[2] A District Court of Appeal has jurisdiction to hear appeals only in cases in which the superior court had original jurisdiction. (Cal. Const., art. VI, § 4b.) [3] Except as our jurisdiction may be invoked by petition for an original writ, we may review judgments of the superior court on appeal from a small claims court only where the case has been duly transferred to us pursuant to rules 61 to 69 of California Rules of Court. fn. * (Cal. Const., art. VI, § 1a.) No such transfer was sought or granted in this case.

[1b] The appeal, being beyond our jurisdiction to determine, is dismissed.

Burke, P. J., and Jefferson, J., concurred.

FN *. Formerly Rules on Transfer of Municipal and Justice Court Appeals, rules 61-69.