Linnick

In this case there exists a question of jurisdiction which, although not raised or decided in the court below, demands our attention at the threshold of appellate review.

The facts bearing on this jurisdiction are these: On December 29, 1964, plaintiff commenced an action in the Municipal Court of Moorp'ark-Camárílló'. Judicial District, Ventura County, California, to recover a balance of $3,750 allegedly due on two promissory notes. On January 14, 1965, defendant filed an answer in which he admitted the execution of the notes pursuant to an agreement for the sale and purchase of corporate stock of Thousand Oaks Broadcasting Company. Defendant admitted nonpayment on the notes, but denied any indebtedness to plaintiff.

On January 14, 1965, defendant filed a cross-complaint naming plaintiff and plaintiff’s assignor of one of the promissory notes as cross-defendants. As cross-complainant he impleaded an agreement whereunder he was to purchase from cross-defendants 1,092 shares of stock in Thousand Oaks Broadcasting Company (operator of a federally licensed radio station); that he paid them $12,750 in cash and executed the two promissory notes for the balance of the purchase price;…