Aetna Indemnity Co. v. Altadena Mining & Investment Co.

California Court of Appeal

Aetna Indemnity Co. v. Altadena Mining & Investment Co.

11 Cal. App. 26

CourtCalifornia Court of Appeal

DecidedJuly 12, 1909

DocketCiv. No. 578

StatusPublished

This text of 11 Cal. App. 26 (Aetna Indemnity Co. v. Altadena Mining & Investment Co.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aetna Indemnity Co. v. Altadena Mining & Investment Co., 11 Cal. App. 26 (Cal. Ct. App. 1909).

Pincite

Opinion

THE COURT.

This is an action for the foreclosure of a mortgage and is, therefore, a suit in equity. The appeal was properly taken to the supreme court, but was erroneously filed in this court, such error doubtless occurring through the fact that the entitlement of the court on the back of the transcript and briefs is printed as follows: “In the District Court of Appeal of California, Third Appellate District.”

[27]*27It ought to be pretty well understood by the profession by this time that, under section 4 of article VI of the constitution, this court is without appellate jurisdiction of suits in equity by direct appeal.

The case will have to be transferred to the supreme court, and such is the order.

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THE COURT.

This is an action for the foreclosure of a mortgage and is, therefore, a suit in equity. The appeal was properly taken to the supreme court, but was erroneously filed in this court, such error doubtless occurring through the fact that the entitlement of the court on the back of the transcript and briefs is printed as follows: “In the District Court of Appeal of California, Third Appellate District.”

[27]*27It ought to be pretty well understood by the profession by this time that, under section 4 of article VI of the constitution, this court is without appellate jurisdiction of suits in equity by direct appeal.

The case will have to be transferred to the supreme court, and such is the order.

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Bluebook (online)

11 Cal. App. 26, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aetna-indemnity-co-v-altadena-mining-investment-co-calctapp-1909.