Zabriskie v. Torrey

California Supreme Court

Zabriskie v. Torrey

20 Cal. 173

DecidedJuly 1, 1862

StatusPublished

This text of 20 Cal. 173 (Zabriskie v. Torrey) 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

Zabriskie v. Torrey, 20 Cal. 173 (Cal. 1862).

Pincite

Opinion

Field, C. J. delivered the opinion of the Court—Cope, J. and Norton, J. concurring.

This is an action to recover two hundred dollars for professional services; and judgment was recovered for the amount claimed, besides costs and ten dollars percentage. The respondent moves for a dismissal of the appeal on the ground that this Court has no jurisdiction of the case. The motion must be granted. The appellate jurisdiction of this Court in civil actions, upon demands for money, only extends to cases where “ the matter in dispute exceeds two hundred dollars,” unless the legality of a tax, toll, impost or municipal fine is drawn in question. The costs and percentage are only incidental to the action; they do not constitute any part of the matter in dispute. (Dumphy v. Guindon, 13 Cal. 28.)

Appeal dismissed.

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Field, C. J. delivered the opinion of the Court—Cope, J. and Norton, J. concurring.

This is an action to recover two hundred dollars for professional services; and judgment was recovered for the amount claimed, besides costs and ten dollars percentage. The respondent moves for a dismissal of the appeal on the ground that this Court has no jurisdiction of the case. The motion must be granted. The appellate jurisdiction of this Court in civil actions, upon demands for money, only extends to cases where “ the matter in dispute exceeds two hundred dollars,” unless the legality of a tax, toll, impost or municipal fine is drawn in question. The costs and percentage are only incidental to the action; they do not constitute any part of the matter in dispute. (Dumphy v. Guindon, 13 Cal. 28.)

Appeal dismissed.

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Bluebook (online)

20 Cal. 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zabriskie-v-torrey-cal-1862.

Opinion

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