Olcese v. Justice's Court of the First Judicial Twp.
California Supreme Court
APPLICATION for a Writ of Certiorari to review a judgment of the Justice’s Court of the First Judicial Township, County of Contra Costa. The facts are stated in the opinion of the court.
1Opinion of the CourtHenshaw, J.
An action upon contract was brought in the justice’s court for the first judicial township of the county of Contra Costa against petitioner Olcese. The complaint was in all respects sufficient to show jurisdiction in the justice’s court of the subject-matter of the action. (Code Civ. Proc., sec. 832, subd. 7.) It failed to allege, however, that the defendant’s contract was in writing, and while, under the provision of the code last above cited, jurisdiction of the subject-matter is in the justice’s court, whether the contract be oral or in writing, yet, by the provisions of section 848 of the…
2Cases cited11 opinions
- Simon v. Justice's CourtCalifornia Supreme Court · 1899
- Security Loan & Trust Co. v. Boston & South Riverside Fruit Co.California Supreme Court · 1899
- In re ClarkeCalifornia Supreme Court · 1899
- Zobel v. ZobelCalifornia Supreme Court · 1907
- Buckley v. Superior CourtCalifornia Supreme Court · 1892
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3Cited by83 opinions
- Redlands High School District v. Superior CourtCalifornia Supreme Court · 1942
- New York Times Company v. SullivanSupreme Court of Alabama · 1962
- Jardine v. Superior CourtCalifornia Supreme Court · 1931
- Judson v. Superior CourtCalifornia Supreme Court · 1942
- Lacey v. BertoneCalifornia Supreme Court · 1949
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