Maxfield v. Johnson
California Supreme Court
Appeal from the County Court of the City and County of San Francisco. The plaintiff commenced an action before a Justice of the Peace to recover judgment on an account for two hundred and ninety-eight dollars. The defendant answered, setting up a counterclaim in the sum of five hundred and seventy dollars. Upon the trial the plaintiff obtained judgment for one hundred and seventy-five dollars, from which judgment the defendant appealed to the County Court.
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Appeal from the County Court of the City and County of San Francisco. The plaintiff commenced an action before a Justice of the Peace to recover judgment on an account for two hundred and ninety-eight dollars. The defendant answered, setting up a counterclaim in the sum of five hundred and seventy dollars. Upon the trial the plaintiff obtained judgment for one hundred and seventy-five dollars, from which judgment the defendant appealed to the County Court. In the County Court the action was referred to a referee to try the issues and report a judgment. The referee reported a judgment in favor…
1Opinion of the Court
By the Court, Sanderson, J.:
This Court has no jurisdiction in this case. The amount sued for was only two hundred and ninety-eight dollars. The appellate jurisdiction of this Court is fixed by the Constitution, and in this class of cases is limited to such as involve the sum of three hundred dollars, exclusive of interest, and it is not in the power of the Legislature to confer jurisdiction in cases where the demand, exclusive of interest, is less. The ad da/nmum clause in the complaint is the test of jurisdiction, and the costs of the action constitute no part of the amount in controversy.…
2Cited by6 opinions
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