People ex rel. Jones v. Cty. Court of El Dorado
California Supreme Court
C. L. Cresman brought suit against Seymour & Jones before a justice of the peace, upon a promissory note. The summons was regularly served •, the defendant made default, and the plaintiff obtained judgment.
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C. L. Cresman brought suit against Seymour & Jones before a justice of the peace, upon a promissory note. The summons was regularly served •, the defendant made default, and the plaintiff obtained judgment. Prom this judgment the defendant, George F. Jones, appealed to the County Court, and filed and served his notice of appeal, which is as follows: “Charles L. Cresman v. Lewis S. Seymour and George F. Jones— In Justice Bush’s Court, Placerville Township, County of El Dorado.—The plaintiff in the above-entitled cause is notified that the defendant, George F. Jones, appeals from the judgment…
1Opinion of the CourtBurnett, J.
Terry, C. J., and Field, J., concurring.
The Code allows a party to appeal from a judgment rendered in a Justice’s Court to the County Court, either" upon questions of law alone, or upon questions of fact alone, or upon questions both of law and fact. But this right of appeal can only be exercised in proper cases. In this case, the defendant, by his de*20fault, admitted the facts alleged in the complaint. There being no issue of fact, the facts were conceded, and the justice could commit no error as to them; and as the justice could commit no error as to the facts conceded, there could be no…
2Cited by25 opinions
- Maxson v. Superior CourtCalifornia Supreme Court · 1899
- Paul v. ArmstrongNevada Supreme Court · 1865
- Martin v. District Court of the First DistrictNevada Supreme Court · 1878
- Lewis v. BarclayCalifornia Supreme Court · 1868
- Rickey v. Superior CourtCalifornia Supreme Court · 1881
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