Thomas
Nelson v. Thomas
Opinion
lead Opinion
Burnell, J.
This case is before us on respondent’s motion to dismiss the appeal because of lack of jurisdiction in this court. The action was commenced, tried and determined adversely to' the defendant marshal of the Municipal Court of the city of Los Angeles in the last-named tribunal. From the judgment of that court awarding the plaintiff $510.90, costs and interest, the marshal appealed to the Superior Court, where the judgment of the Municipal Court was affirmed. From such judgment of affirmance the defendant marshal has appealed to this court.
“ Whether an appeal to this court lies from a judgment of the superior court affirming, modifying or reversing a judgment of the municipal court . . . depends upon where the cause of action arose as disclosed by the record—whether inside or outside the limits of the incorporated city where the municipal court is situated” (Johnston v. Wolf, 208 Cal. 286 [ 280 Pac. 980 ]), if, therefore, the cause of action herein arose in the city of Los Angeles an appeal does not lie to this court and the judgment of the Superior Court was final; if it arose elsewhere within the jurisdiction of the Municipal Court this court has jurisdiction to entertain the…