Barnes v. Daveck

California Court of Appeal Dec 24, 1907 No. Civ. No. 382.Published

Before: CHIPMAN, P. J. —

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Holding. The appellate court lacked jurisdiction over the case because it involved an equity matter, which must be heard by the Supreme Court.

Issues

Whether the appellate court has jurisdiction over an appeal in an equity case.

Disposition. Transferred to the Supreme Court

Quotations verified verbatim against the opinion

“The Supreme Court shall have appellate jurisdiction on appeal from the Superior Courts in all cases in equity”

“The appeal not having been taken to the proper court, "the cause shall be transferred to the proper court."”

This is an action to perpetually restrain defendant from traveling over or across a certain strip of land, the property of plaintiffs.

"The Supreme Court shall have appellate jurisdiction on appeal from the Superior Courts in all cases in equity" (sec. 4, art. VI, Const.), and to that court the appeal should have been taken. The appeal not having been taken to the proper court, "the cause shall be transferred to the proper court." (Ibid.)

Agreeably to rule XXXII, 144 Cal. liii, [78 Pac. xiii], it is ordered that the cause be transferred to the supreme court.

Hart, J., and Burnett, J., concurred.

Barnes v. Daveck

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