Cullen v. Langridge

Citations

• 17 Cal. 67

Syllabus

<p>Where in suit in a Justice’s Court for damages to real property, the answer put in issue the ownership of the property, and the defendant moved to transfer the case to the District Court for trial, which motion was refused; and after trial before the Justice, judgment was rendered for plaintiff, and the defendant appealed to the County Court, where the judgment was set aside, and an order made transferring the case to the District Court, where, after trial, plaintiff again had judgment: Held, that the County Court had authority, under sections five hundred and eighty-one and three hundred and sixty-seven of the Practice Act, to transfer the case to the District Court; that the effect of the appeal to the County Court was to vest it with authority to make all orders necessary for the determination of the case; and as the case was to be tried de novo,, and the County Court was incompetent, under the statute, to try it, the transfer to the District Court was necessary.</p> <p>The fact that the sum sued for in such case was only two hundred dollars, does not deprive the District Court of jurisdiction. The fact that the title to real property was involved, and not the sum sued for, established the jurisdiction. The issue upon this question of title had first to be found in favor of plaintiff before he could recover any damages. This issue involved not only the right of plaintiff to recover, but the entire value of the property; and there being nothing in the record to show this value to be insufficient to support the jurisdiction, the presumptions are in favor of the validity of the proceedings.</p>