Legal Opinion

Caulfield v. Hudson

California Supreme Court

Decided October 15, 1853PublishedCited by 8 opinions

Appeal from the Sixth Judicial District. This was a proceeding in forcible entry and detainer, commenced before a Justice of the Peace, in Sacramento County, from whose judgment defendants appealed to the County Court, and on the May, one of defendants, Adam Hudson, was discharged by the court. October 2d, the plaintiff moved to set aside the order discharging said defendant, and that he be reinstated on the record.

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Appeal from the Sixth Judicial District. This was a proceeding in forcible entry and detainer, commenced before a Justice of the Peace, in Sacramento County, from whose judgment defendants appealed to the County Court, and on the May, one of defendants, Adam Hudson, was discharged by the court. October 2d, the plaintiff moved to set aside the order discharging said defendant, and that he be reinstated on the record. On the 9th October, the court ordered that defendant be reinstated on the record, and the judgment dismissing him was set aside. To this judgment the defendant excepted, and took…

1Opinion of the Court

The opinion of the court was delivered by

Heydenfeldt, Justice.

Murray, Chief Justice, concurred.

An appeal was taken from the County Court to the District Court, and there it was dismissed, on the ground that the court had no jurisdiction.

This case involves the consideration, whether the legislature has the power to give appellate jurisdiction to the District Court. The first clause of the 6th section, article 6th of the Constitution, says: “ The District Courts shall have original jurisdiction in law and equity, in all cases where the amount in dispute exceeds two hundred dollars, exclusive of…

2Cited by8 opinions

  1. Burks v. WalkerSupreme Court of Oklahoma · 1909
  2. Neil v. Public Utilities CommissionIdaho Supreme Court · 1919
  3. Zander v. CoeCalifornia Supreme Court · 1855
  4. Ex parte CoxSupreme Court of Florida · 1902
  5. State ex rel. Kellogg v. District Court of First Judicial DistrictMontana Supreme Court · 1893

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