Funkenstein v. Elgutter
California Supreme Court
Appeal from the County Court of San Francisco County. This action was originally commenced in a, Justice’s Court on a promissory note for two hundred dollars. Summons was duly issued and returned served personally on all the defendants, who failed to appear, and judgment was taken against them by default. Defendants appealed from the Avhole judgment of the Justice, on questions of both law and fact.
Read the full summary
Appeal from the County Court of San Francisco County. This action was originally commenced in a, Justice’s Court on a promissory note for two hundred dollars. Summons was duly issued and returned served personally on all the defendants, who failed to appear, and judgment was taken against them by default. Defendants appealed from the Avhole judgment of the Justice, on questions of both law and fact. No statement of the grounds upon which the appellants intended to rely in the County Court was filed with the Justice. On the calling of the case in .the County Court, the respondent moved to…
1Opinion of the Court
1st. The County Court erred in refusing to dismiss the appeal from the judgment of the Justice.
2d. The Court erred in trying the case anew, as there was no issue of fact in the Justice’s Court from which defendants could appeal. Nor could the Court try said cause on questions of law, as appellant had filed no statement of the grounds upon which he intended to rely. The People ex rel. Jones v. The County Court of El Dorado County, 10 Cal. 19.
2ConcurrenceBaldwin, J.
Ordered that the judgment of the County Court be reversed, with' directions to dismiss the appeal from the Justice’s Court, on the authority of The People…
3Cases cited1 opinion
- People ex rel. Jones v. Cty. Court of El DoradoCalifornia Supreme Court · 1858
4Cited by10 opinions
- Maxson v. Superior CourtCalifornia Supreme Court · 1899
- Paul v. ArmstrongNevada Supreme Court · 1865
- Gage v. MaryattMontana Supreme Court · 1890
- Smith v. ClyneIdaho Supreme Court · 1909
- Fabretti v. Superior CourtCalifornia Supreme Court · 1888
5 more not listed; retrieve them via the Exa API.