Dunne

Dunne v. Hite

Good Law
1922 Cal. App. LEXIS 220·59 Cal. App. 370·210 P. 839
Court of Appeal of CaliforniaOctober 18, 1922Civ. No. 2493.California875 words

Opinion

Lead Opinion

Burnett, J.

The action was upon a bond, executed by appellants, to prevent the levy of a writ of attachment issued out of the justice court of Marysville township in the county of Tuba, in an action wherein respondents herein were plaintiffs and one W. C. Trefry was defendant. The plaintiffs therein obtained judgment against said Trefry in the sum of $280 principal sum and $24.93 interest, and costs of suit. Execution on said judgment was issued and returned unsatisfied. Whereupon this suit was brought in the superior court of said county of Yuba upon said bond to recover the amount of said judgment. The appeal is from the judgment on the judgment-roll.

Said undertaking was in the following form:

The sufficiency of the complaint is not questioned by appellants, nor, indeed, is any defect therein apparent. The answer denied “each and every, all and singular, the allegations in said amended complaint -contained,” and for a further and separate defense alleged:

It is no valid objection to the jurisdiction of the justice court that the amount claimed exceeds the sum of $300, provided the action is upon a contract and the amount claimed, exclusive of interest, is less than $300. (Sec. 112, Code…

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