Ford v. Smith (1855) · DecisionDepot

Ford v. Smith

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1855Published

Before: Heydenfeldt

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Holding. The court held that a Justice of the Peace lacks jurisdiction over a judgment for $209 with interest, and that the proper disposition for such a case is dismissal rather than reversal.

Issues

Whether a Justice of the Peace has jurisdiction over a judgment for $209 with interest.
Whether the County Court should have dismissed the case rather than reversing the judgment.

Disposition. Affirmed and dismissed.

Quotations verified verbatim against the opinion

“This is beyond the jurisdiction of the Justice as we have determined at this term in the case of Zander v. Coe.”

“The judgment was therefore properly reversed by the County Court, but it should have dismissed the case.”

Synopsis

Where a judgment of a Justice of the Peace is for an amount exceeding his jurisdiction, the County Court on appeal should dismiss the whole case.

Heydenfeldt, J., delivered the opinion of the Court. Murray, C. J., and Bryan, J., concurred.

The judgment rendered by the Justice of the Peace is for $209 IT, with interest at three per cent, per month. This is beyond the jurisdiction of the Justice as we have determined at this term in the case of Zander v. Coe. The judgment was therefore properly reversed by the County Court, but it should have dismissed the case.

The reversal of the County Court is affirmed, and the cause dismissed from the consideration of the Justice.

Ford v. Smith

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