Lambert

Lambert v. Central Bank of Oakland

Good Law
85 F.2d 954·1936 U.S. App. LEXIS 4291
United States Court of Appeals for the Ninth CircuitSeptember 24, 1936No. 8189California2,652 words

Opinion

Lead Opinion

Wilbur, J.

The appellant filed her bill in equity in the District Court of the United States for the Northern District of California to enjoin the execution of a judgment of a state court declaring that she is unlawfully in the possession of certain real estate. The basis of her complaint is that the justice’s court of Oakland township, which rendered the judgment against her, did not have jurisdiction of the subject-matter of the action for the reason that the action involved the title to real estate of a value exceeding $7,-000. There is no diversity of citizenship. The federal question advanced as a basis of jurisdiction of the federal courts is an alleged denial of due process of law in that the justice’s court of the state had no jurisdiction of the subject-matter of the action, and because of the failure of the justice’s court to receive evidence.

The bill alleges that the appellant is the owner of certain real estate in Oakland, Cal., therein more ' particularly described by metes and bounds and also by lot numbers, and that the appellee has procured a *956 judgment for her dispossession from the above mentioned justice's court. It is alleged that the judgment is void because given…

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