Architectural Tile Co. v. Superior Court

In this original proceeding it is sought to prevent the respondent court by the writ of prohibition from dismissing an action for. the recovery of $1146.58. On November 6, 1928, section 5 of article VI of the state Constitution was amended so as to read in part as follows: “The superior courts shall have original jurisdiction in all civil cases and proceedings (except as in this article otherwise provided, and except, also eases and proceedings in which jurisdiction is or shall be given by law to municipal or to justices or other courts):...” At the time of the amendment of this section of the Constitution and until the statute to which we shall presently refer went into effect the superior court had jurisdiction of actions involving the sum sought to be recovered by the petitioner in an action it filed therein on September 7, 1926, against one C. H. Sheeley. At the session of the legislature in 1929 section 76 of the Code of Civil Procedure (Stats. 1929, p. 830, sec. 1) was made to conform to the portion of the section of the Constitution we have quoted and in addition thereto the Municipal Court Act (Stats. 1925, p. 658; Stats. 1929, pp. 837, 838, sec. 2) was amended so that the…