Barnes v. Daveck
Before: Chipman
Synopsis
Action por Perpetual Injunction—Case in Equity—Jurisdiction op Supreme Court—Transfer of Cause.—An action to perpetually restrain the defendant from traveling over or across a strip of land owned by the plaintiffs is a case in equity, which belongs to the appellate jurisdiction of the supreme court, under section 4 of article VI of the state constitution, and the appeal should have been taken to that court. When taken to this court the case must be transferred, under the provisions of the constitution, and agreeably to rule XXXII, to the supreme court.
CHIPMAN, P. J. 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.
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