Christian

Christian v. Superior Court of San Diego County

Good Law
122 Cal. 117·1898 Cal. LEXIS 544·54 P. 518
Supreme Court of CaliforniaSeptember 15, 1898L. A. No. 309California959 words

Opinion

Lead Opinion

Temple, J.

This is a proceeding upon a writ of review wherein it is contended by the petitioner that a certain judgment entered by the superior court of San Diego county is void for want of jurisdiction.

On the fourth day of April, 1895, an action was commenced in the superior court of the county of San Diego against the petitioner and one B. Dougherty to collect the amount due upon a. promissory note in the words and figures following:

In the complaint it was averred that the only payments which had been made upon the note were the following, on account of interest: May 13, 1891, fifteen dollars, November 7, 1891,. fifteen dollars, and February 35, 1893, ten dollars. It was also-alleged that there was due on the note as principal the sum of twro hundred dollars, with interest, compounded monthly, from the tenth day of May, 1893, at the rate of one and one-quarter per cent per month. The amount due on the note when the action was commenced for principal and interest which had been, thus compounded was three hundred and nine dollars.

*119 In section 6 of article IY of the constitution, superior courts are given jurisdiction of eases in which the demand, exclusive of interest, amounts to…

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