Skillman v. Lachman

Citations

• 23 Cal. 198

Syllabus

<p>Whbbe the plaintiff is appellant, and the judgment is for the defendant, the jurisdiction of the Supreme Court on appeal is determined by the amount claimed in the complaint.</p> <p>If the appeal is by the plaintiff from a judgment in his favor, then the amount in . dispute is the difference between the amount of the judgment dnd the sum claimed by the complaint.</p> <p>The jurisdiction of the Supreme Court on appeal is determined by the amount in dispute; and, before the amendments to the Constitution which went into effect in 1863, that amount was any sum‘exceeding two hundred dollars, exclusive of costs.</p> <p>If the appeal is taken by the defendant from a judgment in his favor, where he set up a counter claim, the amount in dispute is the difference between the amount of the judgment, exclusive of costs, and the sum claimed in his counter claim.</p> <p>The interest due forms a part of the amount in dispute; and where the principal sum, for which judgment is recovered, is less than two hundred dollars, if the interest added swells the judgment to more than two hundred dollars, the Supreme Court has jurisdiction.</p> <p>Where the several owners of a mine unite and cooperate in working the same, they form a mining partnership, which is governed by many of the rules relating to ordinary partnerships, but which has some rules peculiar to itself.</p> <p>One of these rules, peculiar to a mining partnership, is, that each owner has a right at any time to sell and convey his interest, and such sale does not dissolve the partnership.</p> <p>Another of these rules is, that the law does not, in case of a mining partnership, imply any authority, either to a member of such partnership, or to its managing agent, to bind the company or its individual members by a promissory note, or a contract of indebtedness, executed in the name of the company; but it is incumbent on the party claiming to hold the company for such indebtedness to show that the person, executing or contrac