Hart v. Moon (1856) · DecisionDepot

Hart v. Moon

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

California Supreme Court Jul 1, 1856Published

Before: Terry

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Holding. The court held that the jurisdictional limitations established in Zander v. Coe do not apply to forcible entry proceedings and that the trial court properly overruled the motion for non-suit.

Issues

Whether the jurisdictional limits of Zander v. Coe apply to forcible entry proceedings.
Whether the evidence was sufficient to justify a verdict for the plaintiff.
Whether the pleadings were sufficient to support the judgment.
Whether the court erred in trebling the damages assessed by the jury.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The decision of Zander v. Coe, limiting the jurisdiction of justices in civil cases, does not apply to proceedings under the statute concerning forcible entry.”

“The motion for non-suit was properly overruled, as there was abundant evidence introduced by plaintiff to justify a verdict in his favor.”

Synopsis

The limitation of the jurisdiction of Justices of the Peace in civil cases, to actions where the amount in dispute does not exceed two hundred dollars, does not apply to actions of forcible entry. The complaint in an action of forcible entry need not pray for treble damages, to warrant the Court in trebling them.

The opinion of the Court was delivered by Mr. Justice Terry. Mr. Chief Justice Murray concurred.

The decision of Zander v. Coe, limiting the jurisdiction of justices in civil cases, does not apply to proceedings under the statute concerning forcible entry. The motion for non-suit was properly overruled, as there was abundant evidence introduced by plaintiff to justify a verdict in his favor.

The points that the pleadings were insufficient to justify the judgment, and that the Court erred in trebling the damages assessed by the jury, have heretofore been decided in the case of O’Callaghan v. Booth and Deal, at the October term, 1855.

Judgment affirmed, with costs.

Hart v. Moon

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