Astell v. Phillippi
California Supreme Court
Appeal from a judgment for the defendant in the Sixth District Court, County of Sacramento. Denson, J. Application for a writ of certiorari to J. S. Phillippi, Justice of the Peace, to review his proceedings in an action brought by James F. Frey against B. Astell, for certain personal property, or its value, $299, and $50 damages for detention.
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Appeal from a judgment for the defendant in the Sixth District Court, County of Sacramento. Denson, J. Application for a writ of certiorari to J. S. Phillippi, Justice of the Peace, to review his proceedings in an action brought by James F. Frey against B. Astell, for certain personal property, or its value, $299, and $50 damages for detention. After the defendant, (in the Justice’s Court) had demurred and answered, objecting to the jurisdiction of the Court, the plaintiff was permitted to amend by striking out the demand for damages, and, thereupon, after trial, the (Justice rendered…
1Opinion of the Court
McKinstry, J.:
The judgment of the District Judge dismissing the writ of certiorari would, perhaps, have been more regular in form if it had affirmed the judgment of the Justice, but the appellant has suffered no injury from, and cannot complain of this. The test of the jurisdiction of the District and Justice’s Courts, respectively, under the former Constitution, was “ the demand, exclusive of interest, or the value- of the property in controversy.” (Const, of 1849, art. vi, §§ 6 and 7.) There were 'two classes of cases, in one of which the demand, and in the other of which the value of the…
2Cited by3 opinions
- Holm v. DavisCalifornia Court of Appeal · 1935
- Graves v. ThompsonWashington Supreme Court · 1904
- Connely v. Superior CourtCalifornia Court of Appeal · 1917