Williams v. Mecartney

Citations

• 69 Cal. 556
• 11 P. 186
• 1886 Cal. LEXIS 687

Syllabus

<p>Justice’s Court—Action fob Fine, Penalty, ob Forfeiture—Jurisdiction—Legality of Assessment — Pleadings.—A Justice’s Court has jurisdiction of an action to recover a sum of money less in amount than three hundred dollars for a fine, penalty, or forfeiture given by statute or ordinance of a municipal corporation; provided no question of the legality of any tax, impost, assessment, toll, or municipal fine is raised. If any such question is raised, it must be by answer, verified by the oath of the defendant, and unless so raised, no evidence as to such legality can be received, either in the Justice’s Court, or on appeal in the Superior Court.</p> <p>Id. —Appeal to Supreme Court. —In such an action, the Supreme Court has no jurisdiction of an appeal from the Superior Court, if no question as to such legality is raised by the answer.</p>