Fitzgerald v. Urton

California Supreme Court

Fitzgerald v. Urton

4 Cal. 236

DecidedJuly 15, 1854

StatusPublished

This text of 4 Cal. 236 (Fitzgerald v. Urton) 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

Fitzgerald v. Urton, 4 Cal. 236 (Cal. 1854).

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Opinion

Mr. Justice Heydeneeldt

delivered the opinion of the Court..

Mr. Ch. J. Murray concurred.

We can see no reason why the District Court denied its jurisdiction. It has been suggested that the reason may/ have been, because the Act, etc., gives jurisdiction of cases of nuisance to the County Court; but surely this cannot avail to take away the jurisdiction given to the District Court by the Constitution.

The judgment is reversed and the-cause remanded.

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Mr. Justice Heydeneeldt

delivered the opinion of the Court..

Mr. Ch. J. Murray concurred.

We can see no reason why the District Court denied its jurisdiction. It has been suggested that the reason may/ have been, because the Act, etc., gives jurisdiction of cases of nuisance to the County Court; but surely this cannot avail to take away the jurisdiction given to the District Court by the Constitution.

The judgment is reversed and the-cause remanded.

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Bluebook (online)

4 Cal. 236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitzgerald-v-urton-cal-1854.