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2 Cal. Unrep. 457

Evans v. Bailey

California Supreme Court

Decided March 30, 1885

California Supreme Court · decided 1885-03-30

Action to recover from the appellant, and from several other stockholders of the California Fruit and Meat Shipping Company, the price of certain cattle delivered to such corporation, and for a several judgment against each of his proportion of the price of such cattle. The amount alleged to be due by appellants was less than three hundred dollars in each case, but the aggregate amount sought to be recovered exceeded that sum.

Relies on Derby v. Stevens

Decided 1885-03-30

By the COURT.

¶1As the plaintiff in his complaint fixes the liability of each of the appellants at less than three hundred dollars, it follows that the superior court did not have jurisdiction of the action: Derby v. Stevens, 64 Cal. 287, 30 Pac. 820.

¶2Judgment reversed, with directions to the court below to dismiss the action as to appellants.

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