Feillett v. Engler

California Supreme Court

Feillett v. Engler

8 Cal. 76, 1857 Cal. LEXIS 296

CourtCalifornia Supreme Court

DecidedJuly 1, 1857

StatusPublished

Cited by8 cases

This text of 8 Cal. 76 (Feillett v. Engler) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Feillett v. Engler, 8 Cal. 76, 1857 Cal. LEXIS 296 (Cal. 1857).

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Opinion

Murray, C. J., after stating the facts, delivered the opinion of the Court—Terry, J., concurring.

We have repeatedly decided, that justices of the peace cannot entertain suits for money demands, where the amount in controversy exceeds two hundred dollars. Consent of parties cannot give a jurisdiction which the Constitution denies. It makes no difference whether the judgment was suffered voluntarily or not. It was for all purposes absolutely void, and the execution and sale under it a nullity.

Judgment reversed, and cause remanded.

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Murray, C. J., after stating the facts, delivered the opinion of the Court—Terry, J., concurring.

We have repeatedly decided, that justices of the peace cannot entertain suits for money demands, where the amount in controversy exceeds two hundred dollars. Consent of parties cannot give a jurisdiction which the Constitution denies. It makes no difference whether the judgment was suffered voluntarily or not. It was for all purposes absolutely void, and the execution and sale under it a nullity.

Judgment reversed, and cause remanded.

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Bluebook (online)

8 Cal. 76, 1857 Cal. LEXIS 296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feillett-v-engler-cal-1857.

Opinion

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