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2 Cal. 358

Julian v. Gallen

California Supreme Court

Decided October 15, 1852

California Supreme Court · decided 1852-10-15

This was a proceeding in forcible entry and detainer in which the complaint charges the defendant with entering with force and arms upon his mining claim, and unlawfully holding the same, &c. The proceeding was commenced in the Court of G. Appley, Esq., a Justice of the Peace, and ultimately tried before James Cushing, Esq. The statement of the case upon the record shows that on the trial of the cause, defendant’s counsel moved to dismiss the suit for want of jurisdiction,…

Cited by 1 later decisions — most recently February 1947

Good law ✅— No negative treatment on recordhow we know

Decided 1852-10-15

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Heydenfeldt, Justice.

¶1Section 400 of the Practice Act provides, that where a Judge, trying a cause, may be called as a witness, he may order the trial to take place before another Judge. And section 620 of the same Act extends the like provisions to Courts of Justices of the Peace.

¶2The record shows that the first two justices before whom this ■ suit was pending were witnesses, and therefore it was properly transferred to the third one. This last transferred it to the Mayor of Marysville, who denying his own jurisdiction, sent it back, and it was then tried by the successor in office of the third justice.

¶3The mere fact of having been proposed for jurisdiction to the mayor, who had none, and who therefore did not pretend to exercise any, cannot be properly a subject of complaint.

¶4' There is no error to which our attention has been called; and the judgment is affirmed.

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