Small v. Gwinn

Citations

• 6 Cal. 447

Syllabus

<p>The Legislature cannot confer any jurisdiction upon justices of the peace over cases where the amount in dispute exceeds in value the sum of $200 ; the statute giving them jurisdiction over cases of disputed mining claims has been already construed by this Court by this rule, to which there are no exceptions.</p> <p>The objection to the jurisdiction, on the ground of excess of value of the subject of controversy, is properly taken by answer z and when so taken, should be first determined before proceeding to hear the merits of the case.</p> <p>The jurisdiction of justices of the peace in forcible entry and detainer cases, arises from the quasi criminal nature of those cases, which fall under the head of special cases, as that term is used in the Constitution.</p>