Beswick v. Churchill Co.
Richard Beswick v. Churchill Company (A Corporation)
- Proceeding
- appeal
- Trial court
- Superior Court of Siskiyou County
- Trial judge
- F. Lodge
- Outcome
- other — The facts are stated in the opinion of the court.
- Area
- civil
- Panel
- The Court. — (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
This is a suit in equity to set aside, on the ground of fraud, certain deeds purporting to convey certain real property situated in Siskiyou and Modoc counties and for a judgment against the defendants for the sum of one hundred and eleven thousand five hundred dollars, the alleged value of the rents and profits from said property. The appeal is directly to this court, but, since the action is one in equity, it is obvious that under the constitution, this court cannot thus acquire jurisdiction thereof. Moreover, the complaint calls for a money judgment for one hundred and eleven thousand five hundred dollars, and the jurisdiction of the district courts of appeal is, in that regard, limited, by direct appeal, to those cases in which the demand, exclusive of interest, or the value of the property in controversy, does not amount to two thousand dollars. (Const., art. VI, sec. 4.)
It follows that the cause must be transferred to the supreme court, and such is the order.
CHIPMAN, P. J. BURNETT, J. HART, J.