Freeman v. Powers

Decided July 1, 1857

California Supreme Court · decided 1857-07-01

This was an action, brought by Freeman and others, for the recovery of the possession of a mining claim, before a justice of the peace, who rendered judgment for defendants. Plaintiffs appealed to the County Court, where a trial de novo was had, and judgment entered for the plaintiffs.

Decided 1857-07-01

Terry, J.,

¶1delivered the opinion of the Court—Murray, C. J., concurring.

¶2The jurisdiction of justices of the peace is limited by the Constitution to cases in which the amount involved does not exceed two hundred dollars, excepting in proceedings arising under the statute concerning forcible entry and detainer. See Zander w. Coe, 5 Cal.; and V an Etten & Steel v. Jilson, and Hart v. Moon, 6 Cal., 19 and 161.

¶3It follows that the Court erred in refusing to allow defendant to prove the value of the mining-claim, as alleged in his answer.

¶4Judgment reversed and cause remanded.