Hamilton v. Tutt
California Supreme Court
Appeal from a judgment of the Superior Court of the county of Yolo, and from an order refusing a new trial. This was a proceeding before the Superior Court for a mandamus to compel the appellant J. W. Tutt, as justice of the peace, to issue an execution upon a judgment recovered by the petitioner in his court. The appeal is taken from a judgment of the Superior Court awarding the writ. The other facts appear in the opinion of the court.
1Opinion of the CourtRoss, J.
We see no ground for saying that the judgment of the Justices’ Court in the action of Hamilton v. Levy and Anderson was void. That was an action for the recovery of one hundred dollars damage alleged to have been occasioned by the trespassing of certain sheep of the defendants upon land of the plaintiff in the action. In response to a summons, the defendants to the action appeared and answered the complaint, a trial was had before a jury, which rendered a verdict for the plaintiff, on which the court entered judgment in favor of the plaintiff, *58against the defendants. On the appeal…
2Cited by4 opinions
- Town of Hayward v. PimentalCalifornia Supreme Court · 1895
- Rabin v. PierceCalifornia Court of Appeal · 1909
- Da Arauje v. RodriquesCalifornia Court of Appeal · 1942
- Negrón v. Supervisor of ElectionsSupreme Court of Puerto Rico · 1906