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39 Cal. 570

Will v. Sinkwitz

California Supreme Court

Decided July 1, 1870

California Supreme Court · decided 1870-07-01

This was an action for damages to personal property, commenced in the Justices’ Court of the City and County of San Francisco, wherein judgment was rendered in favor of plaintiff. The defendant appealed to the County Court, which Court rendered judgment in favor of plaintiff in the sum of S300.

Good law ✅— No negative treatment on recordhow we know

Decided 1870-07-01

How this case has been cited

Cited by 3 later decisions — most recently May 1942

3 state decisions

1018701880189019001910192019301940decided

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.

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Wallace, J.,

¶1delivered the opinion of the Court

¶2The judgment rendered by the County Court was void, because beyond the jurisdiction of that Court to render upon appeal.

¶3A writ of certiorari having been issued by the District Court, by which this judgment was brought up for review, that Court entered an order modifying the judgment of the County Court, and ordering that it be reduced to a named sum, which would be within the jurisdiction of the County Court.

¶4The District Court should have set aside the judgment of the County Court as void for want of jurisdiction. Its validity in point of jurisdiction, in form and amount, as it Avas entered by the County Court, was the only question before the District Court upon the return of the writ of certiorari, and that Court had no authority to modify or reduce it in amount or otherwise.

¶5The order is reversed and cause remanded, with directions to enter an order vacating the judgment of the County Court in accordance with the prayer of the petition.

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