Town of Santa Monica v. Eckert

Citations

• 4 Cal. Unrep. 92
• 33 P. 880
• 1893 Cal. LEXIS 1052

Syllabus

<p>Writ of Prohibition—Effect of Refusal.—Where a writ of prohibition is asked to restrain a court from proceeding on the ground that it has no jurisdiction, the denial of the writ, without any decision on such question, does not take away the right to have it considered on writ of review.1</p> <p>An Appeal cannot be Considered Where the Amount in Controversy, as shown by the ad damnum clause of the complaint, is less than the jurisdictional amount of the supreme court, and the “legality” of the license tax for which the action is brought is not questioned, but the contention is that a license already obtained covered the premises.</p>