Randolph v. Kraemer

Citations

• 106 Cal. 199
• 39 P. 533
• 1895 Cal. LEXIS 592

Syllabus

<p>Action for Refusal to Satisfy Mortgage—Damages—Statutory Penalty—Issue as to Title—Waiver of Damages—Nonsuit—Jurisdiction.—In an action brought to recover damages for the refusal of a mortgagor to execute a satisfaction of the mortgage, and also to recover the statutory penalty of one hundred dollars allowed for such refusal, where the answer put in issue plaintiff’s title to the mortgaged land, and the plaintiff waived all claim for damages except for the statutory penalty, a motion for nonsuit on the ground that the court had no jurisdiction to enforce the statutory penalty in a sum less than three hundred dollars, is properly overruled, and a judgment for the statutory penalty will be affirmed, the superior court having original jurisdiction to enforce the penalty in an action in which plaintiff’s title to the land is denied.</p>