Skillman v. Lachman

Crocker, J. delivered the opinion of the Court—Norton, J. concurring, and Cope, C. J. concurring specially.

This is an action upon a promissory note for one hundred and two doEars, with interest at three per cent, per month, against the defendants, as members of the “ Gold Hill Company,” originaEy brought before a Justice of the Peace, where a judgment was rendered against the defendants, from which they appealed to the County Court, where judgment was again rendered against them for two hundred and sixty doEars and forty-six cents, besides costs, that sum being the principal and interest of the note, and from which they appeal to this Court.

The respondent contends that as the note was for the sum of one [202]hundred and two dollars only, this Court has no jurisdiction of the case. Where the plaintiff is appellant, and the judgment is for the defendant, the jurisdiction of this Court is determined by the amount claimed by the complaint, for that is the “ amount in dispute ” in such cases. (Gillespie v. Benson, 18 Cal. 410; Votan v. Reese, 20 Id. 89.) But if the appeal is by the plaintiff from -a judgment in his favor, then the “ amount in dispute ” is the difference between the amount of the judgment and the sum claimed by the complaint. (Votan v. Reese, 20 Cal. 89.) So, upon the same principle, if the appeal is taken by the defendant from a judgment rendered against him for a sum exceeding two hundred dollars, exclusive of costs and per centage, this Court has jurisdiction of the case, because the amount of the judgment is the “ amount in dispute ” on the appeal. So, too, if the appeal is taken by the defendant from a judgment in Ms favor, where he has set up a counter plaim, jf that judgment is for a sum more than two hundred dollars less than he claims in his answer, this Court has jurisdiction. The respondent contends, however, that the interest due on the demand, forms no part of the amount to be included m the estimate of the “ amount in dispute.” In tMs he is mistaken. The Mterest forms part of the demand sued for, and should properly be included in the estimate. It follows that the objection to the jurisdiction of this Court is not well taken.

The transcript in tMs case is very imperfect—neither the note sued on nor the pleadmgs are inserted in it. It appears, however, that the plaintiff furnished the “ Gold Hill Company ” (a company of persons who were worldng a mine together) with a quantity of lumber, for wMch the note was given, and which was signed, as follows : “ H. P. Sprout, Foreman for Gold Hill Company.” When the note was offered in evidence in the County Court, the defendants objected that it was the note of Sprout, and not of the company, which was overruled and excepted to. Judgrng from "the signature it would appear to be the note of Sprout alone, and the words “ Foreman for Gold Hill Company ” are merely desoriptio personae; but the terms of the note itself may show that it was, in fact, mtended to be the note of the company. TMs pornt we cannot determine, as the note does not appear in the transcript.