Pollock v. Cummings

Citations

• 38 Cal. 683

Syllabus

<p>Jurisdiction or Justice’s Court.—An action for trespass on real property is within the jurisdiction of a Justice of the Peace, where the damages sued for are less than three hundred dollars.</p> <p>Constitutional Construction.—To constitute a case which involves the possession of real property, within the meaning of the sixth section of Article VI of the Constitution, it is not enough that the possession is a fact in controversy, or incidentally in question, or that the fact of possession is in issue; but the right of possession must be involved in the action.</p> <p>Idem.—It is the intention of the Constitution to give exclusive jurisdiction to the District Courts in those cases only in which the right to the possession is involved.</p> <p>The case of Holman v. Taylor (31 Cal. 338), commented on and explained.</p> <p>Practice on Petition roe Certiorari.—When a party to an action procures a writ of certiorari to bring up the record and proceedings before a higher tribunal, he should give notice thereof to the adverse party in the action.</p>