Phillips v. Mires

Action for money had and received by defendant for plaintiff’s use. Judgment for plaintiff. Defendant appeals upon a bill of exceptions.

The action was originally commenced in a justice’s court. An answer was filed, which was considered by the court and all parties to the proceedings as sufficient to authorize the certification of the case to the superior court, under section 838 of the Code of Civil Procedure, and the superior court proceeded to the trial of the action upon the same theory. It is apparently assumed by both parties that the case is within the jurisdiction of this court, and…