Reed v. Bernal
California Supreme Court
Appeal from the District Court of the Third- District, County of Santa Clara, There #.re two propositions to which we invite the attention of the Court, either of which we respectfully submit is sufficient to defeat plaintiff’s action: First — That tbe assumed or pretended judgment upon which this action was brought is in excess of the -amount for which a Justice of the Peace is authorized to render judgment; it exceeds that amount (exclusive of interest and cost) by tbe sum…
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Appeal from the District Court of the Third- District, County of Santa Clara, There #.re two propositions to which we invite the attention of the Court, either of which we respectfully submit is sufficient to defeat plaintiff’s action: First — That tbe assumed or pretended judgment upon which this action was brought is in excess of the -amount for which a Justice of the Peace is authorized to render judgment; it exceeds that amount (exclusive of interest and cost) by tbe sum of $36.50, The Justice of the Peace undertook to render a judgment for the sum of $422.98, principal and interest, due…
1Opinion of the CourtCbookett, J.
The plaintiff having recovered in the Court below, the defendants omitted to move for a new trial, but appealed from the judgment, and have brought up the evidence in a statement on appeal which assigns as errors certain rulings of the Court in respect to the admission of evidence; and also, that giving full effect to the evidence, the judgment should have been for the defendants. There appears to have been no contest as to the facts, the evidence of which was wholly record and documentary. The plaintiff claims that without a motion for a new trial this Court cannot review the evidence in…
2Cases cited1 opinion
- Treadwell v. DavisCalifornia Supreme Court · 1868
3Cited by7 opinions
- Sanford v. Duluth & Dakota Elevator Co.North Dakota Supreme Court · 1891
- Camp v. OrtegaCalifornia Court of Appeal · 1962
- Hackleman v. LymanCalifornia Court of Appeal · 1920
- Santos v. DonderoCalifornia Court of Appeal · 1936
- Wilbur v. GriffinsCalifornia Court of Appeal · 1922
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