Connely v. Superior Court

JAMES, J.

Petitioner in this proceeding sought a writ of

certiorwri

to review an order made in the superior court, which order purported to accomplish the dismissal of an action theretofore brought into the superior court by appeal from the justice’s court. The writ was issued and return duly made. It appears that the petitioner commenced her action in the justice’s court in September, 1916. The action was one of claim and delivery, and it was alleged that the value of the property was $290 and that the plaintiff had been damaged by the unlawful detention thereof in the sum of one hundred dollars. The relief demanded was for the possession of the property, or in case possession could not be had, then for its value in the sum stated, together with the amount of damages alleged. Answer was filed and the case duly set for trial in the justice’s court and notice given to the defendants. Defendants failed to appear at the trial, and after hearing evidence the justice entered judgment in accordance with the prayer of the complaint. Defendants thereupon appealed the case to the superior court, where, after certain proceedings,

[774]

the court made the following order: “In this cause heretofore submitted on April 3, 1917, it is ordered that the action be and the same is hereby dismissed for want of jurisdiction.” It is this order .that petitioner seeks to have annulled. The main question presented is as to whether the justice’s court had jurisdiction of an action for the recovery of personal property of the alleged value of $290 where the additional sum of one hundred dollars damages was claimed. The civil jurisdiction of the justice’s court, as d.efined in section 112 of the Code of Civil Procedure, includes: “3. In actions to recover the possession of personal property, if the value of such property does not amount to three hundred dollars.” Counsel for respondent argues that, as section 11, article VI, of the Constitution of this state provides that the powers of inferior courts “shall not in any case, trench upon the jurisdiction of the several courts of record,” section 112 of the Code of Civil Procedure defining the jurisdiction of the justice’s court must be held to include only actions in which the total demand does not amount to three hundred dollars. But we may inquire, if the justice’s court did not have jurisdiction of this action, what court did? The constitutional provision defining the jurisdiction of superior courts (section 5, article VI) gives jurisdiction to such courts where personal property is in litigation, where “the value of the property in controversy amounts to three hundred dollars.” In an action of claim and delivery the recovery of the property itself is the main demand—damages are incidental. In the case of