Hart v. Carnall-Hopkins Co.

Citations

• 101 Cal. 160
• 35 P. 633
• 1894 Cal. LEXIS 1000

Syllabus

<p>Justice’s Court—Jurisdiction—Contract to “Locate” Plaintiff on Government Land—Title and Possession of Real Property—Appeal to Supreme Court—Dismissal.—Where an action was brought in the justice’s court to recover damages for a breach of contract to “ locate” the plaintiff on certain vacant government land, and the defendant in its answer alleged that it did “locate” the plaintiff on vacant government land as agreed, and that no other person had any valid claim thereto, and that in consequence thereof the determination of the action would necessarily involve the question of title and possession of real property, a motion in the supreme court to dismiss an appeal from a judgment rendered in the superior court, on the ground that the justice’s court had jurisdiction of the action, and the judgment of the superior court was final, will be denied.</p> <p>Id.—Original Jurisdiction op Superior Court—Appeal prom Justice’s Court.—The superior court has original jurisdiction of the subject matter of an action for damages for breach of a contract involving a question as to the title or possession of real property, and the fact that the case gained ingress to the court by appeal from the judgment of a justice’s court rendered upon the merits of the case cannot affect the original jurisdiction of the superior court to hear and determine the cause.</p>