Williamson v. Monroe

California Court of Appeal

Williamson v. Monroe

28 Cal. App. 367

CourtCalifornia Court of Appeal

DecidedSeptember 15, 1915

DocketCiv. No. 1267

StatusPublished

This text of 28 Cal. App. 367 (Williamson v. Monroe) 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

Williamson v. Monroe, 28 Cal. App. 367 (Cal. Ct. App. 1915).

Pincite

Opinion

THE COURT.

This action is for the recovery of damages in the sum of three thousand dollars for the alleged conversion by the defendants of certain personal property, which it is claimed belonged to the plaintiff.

The appeal was erroneously taken directly to this court, inasmuch as the amount sued for is in excess of that to which the appellate jurisdiction of district courts of appeal is limited in actions at law. (Const, art. VI, sec. 4.)

Although the court below found that the property involved here was worth the sum of $724.50 only, still the test of the authority of this court to entertain appeals in actions at law is to be found in the ad damnum clause of the complaint, which, in this case, as seen, calls for damages in the sum of three thousand dollars for the alleged wrongful taking and the conversion of the property in dispute.

Therefore, the appeal in this cause is in the supreme court, to which tribunal it must be transferred.

So ordered.

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THE COURT.

This action is for the recovery of damages in the sum of three thousand dollars for the alleged conversion by the defendants of certain personal property, which it is claimed belonged to the plaintiff.

The appeal was erroneously taken directly to this court, inasmuch as the amount sued for is in excess of that to which the appellate jurisdiction of district courts of appeal is limited in actions at law. (Const, art. VI, sec. 4.)

Although the court below found that the property involved here was worth the sum of $724.50 only, still the test of the authority of this court to entertain appeals in actions at law is to be found in the ad damnum clause of the complaint, which, in this case, as seen, calls for damages in the sum of three thousand dollars for the alleged wrongful taking and the conversion of the property in dispute.

Therefore, the appeal in this cause is in the supreme court, to which tribunal it must be transferred.

So ordered.

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Bluebook (online)

28 Cal. App. 367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williamson-v-monroe-calctapp-1915.