Morgan

Morgan v. County of San Diego

Good Law
1906 Cal. App. LEXIS 312·3 Cal. App. 454·86 P. 720
Court of Appeal of CaliforniaApril 25, 1906Civ. No. 177.California1,324 words

Opinion

Lead Opinion

Gray, J.

This action is brought by the coroner of the defendant county to recover compensation for his services in some fourteen inquests, alleged to have been held by him. The findings and judgment were in plaintiff’s favor, except as to one of said inquests; and the defendant appeals from said judgment and from an order denying its motion for a new trial.

It is objected by the respondent that the court has no jurisdiction of this appeal, because the amount in controversy is less than $300. The amount of the judgment is $597.17. The amount prayed for in the complaint is for the sum of $588.25, together with interest thereon, etc. It is conceded in appellant’s brief that an amount is actually due plaintiff on his first cause of action of $121.25, and on his second cause of action of $127.50, and on his third cause of action of $62.25, making in all $311; and respondent contends that these concessions in the brief render the judgment, to the extent of said concessions, a consent judgment. This contention cannot be upheld. Nor do we think the concessions made in the brief of appellant have the effect to oust this court of jurisdiction of the appeal. If the superior court had jurisdiction of…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.