Arroyo Ditch & Water Co. v. Superior Court

The plaintiff, a private corporation,, brought an action against one E. J. Standlee-, in the-justice’s court for Downey township, in Los Angeles County, upon a promissory note for twenty-one dollars,, executed to it by him. The defendant filed a verified answer to the complaint, alleging that the sole consider-ation for which the note had been given was a pretended assessment by the plaintiff upon its capital stock (of which he held a certain number of shares), and that the said assessment was illegal and void. Upon filing the-answer, the defendant moved the court to transfer the action to the superior court, upon the ground that it necessarily involved the question of the legality of an assessment, and thereupon the court suspended all further proceedings in the action, and certified- the pleadings to the county clerk of Los Angeles County. After the pleadings had been filed with the-county clerk, the plaintiff moved the superior court to remand the-cause to the justice’s court upon the ground that that court erred in transferring the cause to the superior court, and that the superior court had no jurisdiction of the matter. This motion was denied, and the court thereafter tried…