Harris
Harris v. Moore
Opinion
Lead Opinion
Craig, J.
The appellant instituted an action in the Municipal Court of the city of Los Angeles for services alleged to have been rendered to the respondent herein.
Inasmuch as the jurisdiction of this court in proceedings brought before us is fundamental, we are required to determine the question of our authority to review them, although it be not raised by the parties. By amendments to article VI of the Constitution (secs. 4b, 5, art. VI, Cal. Const.; Stats. 1927, chap. 77, p. 2389), the people voted on November 6, 1928, to limit appeals from the Superior Court to those proceedings wherein it has original jurisdiction. The effect of these amendments has heretofore been discussed by the District Court of Appeal, and by the Supreme Court, and in at least one instance the appeal was dismissed. (Johnston v. Wolf, (Cal. App.) 274 Pac. 1028 ; Moye v. National Surety Co., (Cal. App.) 277 Pac. 499 ; Id., 208 Cal. 279 [ 280 Pac. 982 ].) In those cases, however, the appeals were perfected after said amendments became effective, whereas the instant ease was appealed here on April 21, 1927. Judge Cooley, in his work on Constitutional Limitations, at page 62, observed: “Retrospective legislation,…