Legal Opinion

Winter v. Fitzpatrick

California Supreme Court

Decided July 1, 1868PublishedCited by 13 opinions

Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. On the 21st of January, 1868, John Winter brought suit against John E. Fitzpatrick, in Justice’s Court, in the City and County of San Francisco, to recover judgment for the sum of two hundred and fifty-three dollars and thirty-five cents, balance on account for goods sold and delivered.

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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. On the 21st of January, 1868, John Winter brought suit against John E. Fitzpatrick, in Justice’s Court, in the City and County of San Francisco, to recover judgment for the sum of two hundred and fifty-three dollars and thirty-five cents, balance on account for goods sold and delivered. On the 24th day of January, 1868, the Justice rendered judgment against the defendant for two hundred and sixty-four dollars and twenty-five cents, principal and interest, and six dollars and fifty cents costs of suit.…

1Opinion of the Court

By the Court, Sanderson, J.:

The first point which we are called upon to consider is presented by the respondent. It brings in question the jurisdiction of this Court. It is claimed that we have no jurisdiction, because the amount in controversy is less than three hundred dollars.

The jurisdiction of this Court, in proceedings of this character, does not depend upon the amount in controversy. Our review does not embrace the merits of the action. We look into the ease no further than may be necessary to ascertain whether it is a case in which the inferior tribunal, Board, or officer from which…

2Cases cited3 opinions

  1. O'Connor v. BlakeCalifornia Supreme Court · 1865
  2. Hopkins v. BronsonCalifornia Supreme Court · 1865
  3. People ex rel. Morehouse v. CarmanCalifornia Supreme Court · 1861

3Cited by13 opinions

  1. Simon v. Justice's CourtCalifornia Supreme Court · 1899
  2. Phillips v. WelchNevada Supreme Court · 1877
  3. Heinlen v. PhillipsCalifornia Supreme Court · 1891
  4. Bulkley v. KleinCalifornia Court of Appeal · 1962
  5. Santa Cruz Gap Turnpike Joint Stock Co. v. Board of SupervisorsCalifornia Supreme Court · 1882

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