Legal Opinion

McNiel v. Borland

California Supreme Court

Decided July 1, 1863PublishedCited by 9 opinions

Appeal from the Eleventh Judicial District, El Dorado County. Plaintiffs filed their petition, on the 18th day of January, 1862, in the County Court of El Dorado County, to foreclose a mechanic’s lien for work and labor performed in the construction of a building. The County Court dismissed the proceeding for want of jurisdiction and plaintiffs appealed.

1Opinion of the CourtNorton, J.

The provision of our State Constitution, that County Courts shall have jurisdiction in special cases as the Legislature may prescribe, was copied from the Constitution of the State of New York. The Judges of the Court of Appeals of that State are about equally divided as to the proper meaning of the provision. One portion consider that it is the purpose of the Constitution to confer upon the Supreme Court, which corresponds to our District Court, general jurisdiction in all cases properly cognizable in Courts of Law and Equity, without specially designating them; and also to authorize the…

2Cases cited5 opinions

  1. Parsons v. Tuolumne Co. Water Co.California Supreme Court · 1855
  2. Brock v. HerrickCalifornia Supreme Court · 1855
  3. Doubleday v. . Heath and OthersNew York Court of Appeals · 1857
  4. Arnold v. . ReesNew York Court of Appeals · 1858
  5. Harper v. FreelonCalifornia Supreme Court · 1856

3Cited by9 opinions

  1. Dow v. LillieNorth Dakota Supreme Court · 1914
  2. Marean v. StanleyColorado Court of Appeals · 1894
  3. Continental Supply Co. v. WhiteMontana Supreme Court · 1932
  4. Los Angeles Pressed Brick Co. v. HigginsCalifornia Court of Appeal · 1908
  5. Erickson v. RussNorth Dakota Supreme Court · 1911

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