Solomon v. Reese

Citations

• 34 Cal. 28

Syllabus

<p>Jurisdiction op District Courts.—In actions for the recovery of money, the District Court has jurisdiction, if the sum sued for amounts to three hundred dollars exclusive of interest, regardless of the sum for which judgment may be obtained.</p> <p>Jurisdiction op Supreme Court.—The Supreme Court has jurisdiction to review all cases which the District Courts have jurisdiction to try, no matter what the judgment of the District Court may have been.</p> <p>Idem.—S. sued E. to recover five hundred and fifty dollars, but recovered only three hundred and thirty-two dollars and sixty-one cents ; S. appealed : held, that the amount sued for, and not the difference between that amount and the amount recovered, is the test of the jurisdiction of this Court.</p> <p>Case Overruled.—Dictum in Votan v. Beese, 20 Cal. 90, as to jurisdiction, overruled.</p> <p>Statement of Grounds of Appeal.—If the appeal is taken on the judgment roll alone, the transcript need not contain a statement of the grounds of the appeal.</p> <p>Stipulation as to Transcript.—If the transcript does not contain all the judgment roll, but contains all that is necessary, the defect is waived by a stipulation that it contains all that is necessary for the purposes of the appeal.</p> <p>Judgment Roll in Transcrict.—It is not necessary to insert in the transcript on appeal such parts of the judgment roll as are of no use for the purposes of the 6 appeal.</p> <p>Exceptions to Findings.—It is not necessary to take exceptions to the findings of the Court below, if the appellant attacks only the conclusions of law drawn from the facts found.</p> <p>Suit for Money deposited as Security.—M. sued L. and attached his property ; R. and J., as securities, signed an undertaking on behalf of L. to procure a release of the attached property ; R. signed at the request of S. •, S. deposited with R. a sum of money to secure him against any loss or damage which he might sustain by reason of his signing the undertaking : held,