Caulfield v. Stevens
California Supreme Court
Appeal from the County Court, Sacramento County. On the 15th day of February, 1864, plaintiff, as landlord, commenced an action before a Justice of the Peac.e against defendant, his tenant, for holding over contrary to the terms of his lease. The action was commenced under the provisions of the Act of April 27th, 1863, entitled “An Act concerning unlawful holding over qf lands, tenements, and other possessions.” The defendant objected to the jurisdiction of the Court.
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Appeal from the County Court, Sacramento County. On the 15th day of February, 1864, plaintiff, as landlord, commenced an action before a Justice of the Peac.e against defendant, his tenant, for holding over contrary to the terms of his lease. The action was commenced under the provisions of the Act of April 27th, 1863, entitled “An Act concerning unlawful holding over qf lands, tenements, and other possessions.” The defendant objected to the jurisdiction of the Court. The objection was overruled, and a trial had which resulted in a judgment in favor of plaintiff. Defendant appealed to the…
1Opinion of the Court
*119By the Court,
Sanderson, C. J.
The only question presented for our consideration relates to the constitutionality of the Act under which this suit was commenced, it being claimed upon the one hand, and denied upon the other, that it conflicts with the eighth and ninth sections of Article VI of the Constitution as amended in 1862.
The eighth section defines the jurisdiction of the County Courts, and among other things declares that they “ shall have original jurisdiction of actions of forcible entry and detainer.” The ninth section declares that “ the Legislature shall determine the number of…
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