Public-domain · open source
OpenJurist

103 Cal. App. 741

285 P 336

Stout v. Farwell

California Court of Appeal

Decided February 6, 1930

California Court of Appeal · decided 1930-02-06

Good law ✅— No negative treatment on recordhow we know

Decided 1930-02-06

How this case has been cited

Cited by 10 later decisions — most recently July 2015

9 state decisions

30193019401950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

*742 CRAIG (ELLIOT), J., pro tem.

¶1 This action was commenced by plaintiff in the Municipal Court of the city of Los Angeles. The complaint contained two causes of action. The first count was for the recovery of the sum of $620 upon an alleged indebtedness for certain goods, wares, merchandise and labor, and the second count was for the recovery of the same sum of $620 upon an alleged account stated.

¶2 Plaintiff had judgment in his favor and defendant appealed to the Superior Court of Los Angeles County. The appeal before us is by defendant on June 23, 1927, from the judgment of the Superior Court affirming the judgment of the Municipal Court.

¶3 The record discloses that the causes of action arose, if at all, within the county of Los Angeles.

¶4 This appeal must be dismissed upon the ground that this court is now without jurisdiction to proceed further in the case. The law applicable hereto is fully set forth in the decision in Berg v. Traeger (Cal. App.) [285 Pac. 332], this day filed by this court.

¶5 The appeal to this court is dismissed.

¶6 Conrey, P. J., and Houser, J., concurred.

¶7 A petition for a rehearing of this cause was denied by the District Court of Appeal on March 8, 1930, and the following opinion then rendered thereon:

THE COURT.

¶8 All points and citations in support thereof by appellant in his petition for rehearing herein are fully covered by Berg v. Traeger (Cal. App.) [285 Pac. 332], and the order denying petition for rehearing therein this day filed.

¶9 The order of dismissal heretofore filed herein is modified to the extent that each party shall bear his own costs on appeal.

¶10 Upon the authority of Berg v. Traeger, supra, the petition for rehearing is denied.

/103/calapp/741 · .json · Public domain