Hammerstein v. Superior Court, 341 U.S. 491 (1951)

CERTIORARI TO THE SUPREME COURT OF CALIFORNIA

AND TO THE DISTRICT COURT OF APPEAL,

SECOND APPELLATE DISTRICT, OF CALIFORNIA

Syllabus

1. The Supreme Court of California having based its denial of certiorari on petitioner’s failure to appeal from the Superior Court’s default judgment, this Court has no jurisdiction to review the proceedings arising from the default judgment. P. 492.

2. The California District Court of Appeal’s denial of a writ of prohibition in this case being rested on its decision of a federal question, and not upon an independent state ground, this Court has jurisdiction to review that judgment. P. 492.

3. Since petitioner could have obtained review of the final adjudication of the merits of this case by appealing from the default judgment, and since the Supreme Court of California apparently refrained from taking action because of the existence of that remedy, this Court deems it advisable not to exercise its discretionary jurisdiction, and dismisses the writ of certiorari as improvidently granted. Pp. 492-493.

Writ of certiorari, 340 U.S. 919, dismissed.