Chipman v. Hibbard

8 Cal. 268

Opinion

Burnett, J., delivered the opinion of the Court—Terry, C. J., concurring.

This is a bill in equity for a new trial, in an action of ejectment, on the ground of excessive damages, the remedy by motion for a new trial having been lost, without the fault, as is alleged, of the plaintiff. The ejectment suit was tried in the Third District Court, and this bill is filed in the Fourth District Court.

We decided in the late case of Ricketts and Wife v. Johnson and others, that a Court of co-ordinate jurisdiction could not entertain proceedings to restrain the judgments of another. The plaintiffs should have proceeded before the District Court of the Third District.

Judgment affirmed.