Barnes v. Daveck

Decided December 24, 1907

California Court of Appeal · decided 1907-12-24

The facts showing the original jurisdiction of the supreme court are stated in the opinion of the district court of appeal. On January 10, 1908, the cause was retransferred by the supreme court to the' district court of appeal for decision on the merits, which was rendered January 29, 1908 and is reported post, p. 487, (94 Pac. 779-782).

Cited by 1 later decisions — most recently May 1938

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1907-12-24

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CHIPMAN, P. J.

¶1This is an action to perpetually restrain defendant from traveling over or across a certain strip of land, the property of plaintiffs.

“The Supreme Court shall have appellate jurisdiction on appeal from the Superior Courts in all cases in equity” (sec. 4, art. VI, Const.), and to that court the appeal should have been taken. The appeal not having been taken to the proper court, “the cause shall be transferred to the proper court.” (Ibid.)

¶2Agreeably to rule XXXII, 144 Cal. liii, [78 Pac. xiii], it is ordered that the cause be transferred to the supreme court.

¶3Hart, J., and .Burnett, J., concurred.