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Simmons v. Brainard

Supreme Court of California
Oct 1, 1859
14 Cal. 278 (Cal. 1859)

Opinion

         Appeal from the Sixth District.

         Suit in Justice's Court for two hundred dollars damages, for breach of warranty on sale of a horse. Answer was general denial, with plea of one hundred and twenty-five dollars offset, for which defendant asked judgment. The Justice gave plaintiff judgment for twenty-five dollars. Defendant appealed to the County Court, where a jury found for him eighty-six dollars. From a judgment for this sum, plaintiff appeals to the Supreme Court.

         COUNSEL:

         C. Cole, for Appellant.

          W. S. Long, for Respondent.


         JUDGES: Baldwin, J. delivered the opinion of the Court. Field, C. J. concurring.

         OPINION

          BALDWIN, Judge

         We have no jurisdiction in this case, the amount being less than two hundred dollars. The fact that an offset was pleaded by defendant, does not alter the case; if so, whenever an offset to the amount of two hundred dollars was set up in a Justice's Court, the jurisdiction would be ousted.

         Appeal dismissed.


Summaries of

Simmons v. Brainard

Supreme Court of California
Oct 1, 1859
14 Cal. 278 (Cal. 1859)
Case details for

Simmons v. Brainard

Case Details

Full title:SIMMONS v. BRAINARD

Court:Supreme Court of California

Date published: Oct 1, 1859

Citations

14 Cal. 278 (Cal. 1859)

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