Young v. Wright

Citations

• 52 Cal. 407

Syllabus

<p>Jurisdiction of A Justice of the Peace.—A statute which authorizes the owner of land to take up and keep cattle or sheep found on the same, and to \bring suit \before a justice of the peace against all the animals, in rem, for the recovery of the damages, when they are less than three hundred dollars, and which directs, upon the recovery of judgment, a levy upon and sale of the property on execution, and if there is an overplus of the proceeds, a distribution of the same by the justice among the several owners of the animals, provides for a proceeding in equity to enforce a lien, and, in so far as it confers jurisdiction on the justice, is unconstitutional.</p> <p>Pleading a Judgment.—A party to an action who relies on a judgment as an estoppel or justification, and in pileading it undertakes to avail himself of the provisions of the act which releases him from pleading the facts which conferred jurisdiction on the justice to render it, must comply strictly with the terms of the act.</p> <p>Judgment.—The terms “duly rendered,” and “duly given or made,” when applied to a judgment, are not equivalent.</p>