Jolley v. Foltz
California Supreme Court
Appeal from the District Court, Fifth Judicial District, San Joaquin County. This was an action to recover possession of personal property.
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Appeal from the District Court, Fifth Judicial District, San Joaquin County. This was an action to recover possession of personal property. The defense set up was a justification of the taking and detaining of the property, by virtue of writs of attachment and execution issued out of a Justice’s Court, against the property of one H. B. Jolley. ' Defendant’s answer averred that he seized said property and detained the same as a Constable, by virtue of said writs, as being the property of said H. B. Jolley, who was defendant in said attachment suit; that the same belonged to said H. B. Jolley,…
1Opinion of the Court
By the Court, Sawyer, J.:
The proceedings of the Justice’s Court in the case of McCarter v. Jolley, when first offered in evidence, were properly ruled out, because it did not appear that the Justice had jurisdiction of the person of the defendant. A Justice’s Court is not a Court of record; it is an inferior Court, and its jurisdiction must be shown affirmatively by a party relying upon, or claiming any right under its judgments. Section five hundred thirty-five of the Practice Act provides, that “¡No person shall be held to answer.to any summons issued against him from a Justice’s Court in a…
2Cases cited8 opinions
- Gardner v. BuckbeeNew York Supreme Court · 1824
- Blair v. HamiltonCalifornia Supreme Court · 1867
- Boomer v. LaineNew York Supreme Court · 1833
- M'Lean v. HugarinNew York Supreme Court · 1816
- McCloud v. O'NeallCalifornia Supreme Court · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Ex parte KearnyCalifornia Supreme Court · 1880
- In re Estate of WilliamsCalifornia Supreme Court · 1894
- Hopper v. LucasIndiana Supreme Court · 1882
- Kane v. DesmondCalifornia Supreme Court · 1883
- Eltzroth v. RyanCalifornia Supreme Court · 1891
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