Maxfield v. Johnson

California Supreme Court

Maxfield v. Johnson

30 Cal. 545

CourtCalifornia Supreme Court

DecidedOctober 15, 1866

StatusPublished

Cited by6 cases

This text of 30 Cal. 545 (Maxfield v. Johnson) 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

Maxfield v. Johnson, 30 Cal. 545 (Cal. 1866).

Pincite

Opinion

By the Court, Sanderson, J.:

This Court has no jurisdiction in this case. The amount sued for was only two hundred and ninety-eight dollars. The appellate jurisdiction of this Court is fixed by the Constitution, and in this class of cases is limited to such as involve the sum of three hundred dollars, exclusive of interest, and it is not in the power of the Legislature to confer jurisdiction in cases where the demand, exclusive of interest, is less. The ad da/nmum clause in the complaint is the test of jurisdiction, and the costs of the action constitute no part of the amount in controversy. This question is unaffected by the fact that the defendant sets up a counterclaim in excess of three hundred dollars. He had no legal right to do so. He could set up only such a counterclaim as he could have sued upon in a Justice’s Court. (Prac. Act, Sec. 574.)

Appeal dismissed.

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By the Court, Sanderson, J.:

This Court has no jurisdiction in this case. The amount sued for was only two hundred and ninety-eight dollars. The appellate jurisdiction of this Court is fixed by the Constitution, and in this class of cases is limited to such as involve the sum of three hundred dollars, exclusive of interest, and it is not in the power of the Legislature to confer jurisdiction in cases where the demand, exclusive of interest, is less. The ad da/nmum clause in the complaint is the test of jurisdiction, and the costs of the action constitute no part of the amount in controversy. This question is unaffected by the fact that the defendant sets up a counterclaim in excess of three hundred dollars. He had no legal right to do so. He could set up only such a counterclaim as he could have sued upon in a Justice’s Court. (Prac. Act, Sec. 574.)

Appeal dismissed.

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Bluebook (online)

30 Cal. 545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maxfield-v-johnson-cal-1866.

Opinion

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