Merrill v. Hare

HOUSER, J. Primarily, the instant appeal depends upon the legality of a judgment that was rendered in the superior court in favor of plaintiff in an action on two claims which, before action was commenced thereon, had been duly presented to, and rejected by, an administrator of an estate, and which claims in the aggregate thereof amounted to the sum of $287.

Appellant urges the point that because the amount for which judgment was demanded in the complaint in the action was only $287 at the time when the action was commenced the superior court was without jurisdiction. In that connection, in effect respondent asserts that because a part of the relief which he sought was “a restraining order or injunction . . . requiring defendant administrator not to distribute the said assets in his hands” until a judgment could be obtained and entered in the action, — notwithstanding the conceded fact that the total amount for which a judgment might be rendered was $287 only, the superior court was vested with jurisdiction. In other words, because of the asserted fact that the superior court was called upon to grant relief that pertained to the equity side of the court, the amount for which judgment was demanded was not determinative of the jurisdiction of that court.-

That such a principle of procedure is the law of this state is attested by various decisions, especially as it pertains to actions to foreclose liens and to those which involve the title or possession of real property. (7 Cal. Jur., 685, 687, and authorities there cited.) However, in an action brought for the purported purpose of foreclosing a mechanic’s lien, it also is the rule that if no cause of action to enforce such a lien is stated, and the amount for which judgment is demanded is less than the jurisdictional amount in ordinary actions at law, the superior court is without jurisdiction in [464]tbe premises. (Davis v. Treacy, 8 Cal. App. 395 [97 Pac. 78].)

In tbe case of DeWitt v. Hays, 2 Cal. 463, 469 [56 Am. Dec. 352], it was said: “To entitle tbe plaintiff to tbe equitable interposition of tbe court, be must show a proper case for tbe interference of a court of chancery, and one in which be has no adequate or complete relief at law. In tbe present case, under an allegation of irreparable injury, tbe plaintiff seeks to avail himself of tbe writ of injunction, which has been styled ‘the right arm of the law’. Tbe simple allegation of irreparable injury is not sufficient, it should appear to tbe court from the facts set forth in tbe bill.”