Barnes v. Daveck

California Court of Appeal

Barnes v. Daveck

94 P. 779, 7 Cal. App. 220, 1907 Cal. App. LEXIS 14

CourtCalifornia Court of Appeal

DecidedDecember 24, 1907

DocketCiv. No. 382.

StatusPublished

Cited by1 cases

This text of 94 P. 779 (Barnes v. Daveck) 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

Barnes v. Daveck, 94 P. 779, 7 Cal. App. 220, 1907 Cal. App. LEXIS 14 (Cal. Ct. App. 1907).

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Opinion

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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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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Bluebook (online)

94 P. 779, 7 Cal. App. 220, 1907 Cal. App. LEXIS 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnes-v-daveck-calctapp-1907.

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