Zabriskie v. Torrey
ZABRISKIE v. TORREY
- Area
- civil
- Panel
- Norton, Stephen J. Field, Cope
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 — Fieldcopenorton
Field, C. J. delivered the opinion of the Court—Cope, J. and Norton, J. concurring.
This is an action to recover two hundred dollars for professional services; and judgment was recovered for the amount claimed, besides costs and ten dollars percentage. The respondent moves for a dismissal of the appeal on the ground that this Court has no jurisdiction of the case. The motion must be granted. The appellate jurisdiction of this Court in civil actions, upon demands for money, only extends to cases where “ the matter in dispute exceeds two hundred dollars,” unless the legality of a tax, toll, impost or municipal fine is drawn in question. The costs and percentage are only incidental to the action; they do not constitute any part of the matter in dispute. (Dumphy v. Guindon, 13 Cal. 28.)
Appeal dismissed.
Cites, in this corpus
- Dumphy v. Guindon · 1859-07-01