Henigan v. Ervin

Citations

• 110 Cal. 37
• 42 P. 457
• 1895 Cal. LEXIS 1014

Syllabus

<p>Appeal—Test of Jurisdiction—Justice’s Court—Sum Demanded— Costs Exceeding Three Hundred Dollars—Dismissal.—Where the demanded sum is less than three hundred dollars, the jurisdiction of the justice's court and also the appellate jurisdiction of the supreme court must be tested by the sum demanded in the complaint, and the costs of the action in the justice’s court and in the superior court, upon appeal therefrom, are merely incidental to the action, and cannot be made the subject of an appeal to the supreme court, although the costs allowed may amount to more than the sum of three hundred dollars, and an ap. peal therefrom must be dismissed.</p> <p>Id.—Non appeal able Order—Special Order after Judgment—Appeal from Justice’s Court.—A special order after judgment refusing to strike out a cost bill in the superior court, in a case appealed from the justice’s court, is not appealable to the supreme court, although thf cost bill amounts to over three hundred dollars.</p>