Gallagher v. McGraw
California Supreme Court
APPEAL from a judgment of the Superior Court of Placer County. J. E. Prewitt, Judge. The facts are stated in the opinion.
1Opinion of the Court
COOPER,C.
—This appeal is from the judgment. The court below ordered judgment dismissing the case upon the ground that it had no jurisdiction. The findings show that the note upon which suit was brought was for the sum of two hundred dollars principal, with interest from date.
The demand, exclusive of interest, did not amount to three hundred dollars, and hence the superior court had no jurisdiction. (Const., art. VI, sec. 4; Christian v. Superior Court, 122 Cal. 119.)
The fact that the claim upon the note, with accrued interest, amounted to over three hundred dollars when presented to the…
2Cases cited3 opinions
- Etchas v. OrenaCalifornia Supreme Court · 1900
- Lichtenberg v. McGlynnCalifornia Supreme Court · 1894
- Christian v. Superior Court of San Diego CountyCalifornia Supreme Court · 1898
3Cited by7 opinions
- Nesbit v. MacDonaldCalifornia Supreme Court · 1928
- Enscoe v. FletcherCalifornia Court of Appeal · 1905
- Idaho Trust Co. v. MillerIdaho Supreme Court · 1909
- Chiapella v. County Nat. Bank Etc. Co.California Supreme Court · 1933
- Killgrove v. MorrissNevada Supreme Court · 1916
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