14 Cal. 278
Decided July 1, 1859
California Supreme Court · decided 1859-07-01
' Suit in Justice's Court for two hundred dollars damages, for breach of warranty on sale of a horse. Answer was general denial, with plea of one hundred and twenty-five dollars offset, for which defendant asked judgment. The Justice gave plaintiff judgment for twenty-five dollars. Defendant appealed to the County Court, where a jury found for him eighty-six dollars. From a judgment for this'sum, plaintiff appeals to the Supreme Court.
Cited by 1 later decisions — most recently July 1908
1 state decisions
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Decided 1859-07-01
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¶1delivered the opinion of the Court—Field, C. J. concurring.
¶2We have no jurisdiction in this case; the amount being less than two hundred dollars. The fact that an offset was pleaded by defendant, does not alter the case; if so, whenever an offset to the amount of two hundred dollars was set up in a Justice's Court, the jurisdiction would be ousted.
¶3Appeal dismissed.