Funkenstein v. Elgutter

California Supreme Court
Funkenstein v. Elgutter, 11 Cal. 328 (Cal. 1858)
Field

Funkenstein v. Elgutter

Opinion of the Court

1st. The County Court erred in refusing to dismiss the appeal from the judgment of the Justice.

2d. The Court erred in trying the case anew, as there was no issue of fact in the Justice’s Court from which defendants could appeal. Nor could the Court try said cause on questions of law, as appellant had filed no statement of the grounds upon which he intended to rely. The People ex rel. Jones v. The County Court of El Dorado County, 10 Cal. 19.

Field, J., delivered the opinion of the Court—

Baldwin, J., concurring.

Ordered that the judgment of the County Court be reversed, with' directions to dismiss the appeal from the Justice’s Court, on the authority of The People v. The County Court of El Dorado Co., 10 Cal. 19.

Reference

Full Case Name
FUNKENSTEIN v. ELGUTTER
Cited By
10 cases
Status
Published