Slike strani
PDF
ePub

7 People v. Spear, 7 Cal. 139 ; People v.

Vick, 7 Cal. 165 ; People v. Applegate, 5 Cal. 295; People v. Fowler, 9 Cal. 86; People v. Cornell, 16 Cal. 187; People v. War, : 0 Cal. 117; People v. Barney, 29 Cal. 459; People v. Johnson, 30 Cal. 98; People v. Jones, 31 Cal. 565.

8 Harrison v. Green, 18 Cal. 94.

9 Luther v. The Apollo, 1 Cal. 15; Simmons v. Brainard, 14 Cal. 278; Crandall v. Blen, 15 Cal. 406; People'v. Carman, 18 Cal. 693; Zabriskie v. Torry, 20 Cal. 173; Malson v. Vaughn, 23 Cal. 61; Skillman v. Lachman, 23 Cal. 199; Meeker v. Harris, 23 Cal. 285; Bolton v. Landers, 27 Cal. 106. 10. Hopkins v. Cheeseman, 28 Cal. 180; Maxfield v. Johnson, 30 Cal. 545; Solomon r. Reese, 34 Cal. 28. 11 State . Flinn, Minor, 8. 12 Texas Land Co. v. Williams, 48 Tex. 602.

§ 5. The Superior Court shall have original jurisdiction in all cases in equity, and in all cases at law which involve the title or possession of real property, or the legality of any tax, impost, assessment, toll, or municipal fine, and in all other cases in which the demand, exclusive of interest or the value of the property in controversy, amounts to three hundred dollars, and in all criminal cases amounting to felony, and cases of misdemeanor not otherwise provided for; of actions of forcible entry and detainer; of proceedings in insolvency; of actions to prevent or abate a nuisance; of all matters of probate; of divorce and for annulment of marriage, and of all such special cases and proceedings as are not otherwise provided for. And said Court shall have the power of naturalization, and to issue papers therefor. They shall have appellate jurisdiction in such cases arising in Justices' and other inferior Courts in their respective counties as may be prescribed by law. They shall be always open (legal holidays and non-judicial days excepted), and their process shall extend to all parts of the State ; provided, that all actions for the recovery of the possession of, quieting the title to, or for the enforcement of liens upon real

estate, shall be commenced in the county in which the real estate, or any part thereof affected by such action or actions, is situated. Said Courts, and their Judges, shall have power to issue writs of mandamus, certiorari, prohi. bition, quo warranto, and habeas corpus, on petition by or on behalf of any person in actual custody in their respective counties. Injunctions and writs of prohibition may be issued and served on legal holidays and nonjudicial days.

District courts.- Under the grant of equity jurisdiction, district courts have jurisdiction over actions to abate a nuisance; 1 so, they have the same control over the persons of minors and their estates that the chancery courts of England possess; 2 so, it has jurisdiction over the custody of children, alimony, etc., in a case of divorce,3 and over cases of fraud, accident, mistake, etc.,4 and over suits against administrators, 5 and over claims against estates of decedents, and foreclosure of mortgages thereon,7 and over suits involving the legality of any tax, toll, impost, or assessment; 8 but an action to recover the penalty for the imposing of an excessive toll is not within their jurisdiction unless the amount charged is three hundred dollars. They have jurisdiction at law where the amount in controversy, exclusive of interest, is three hundred dollars.10 The legislature may prescribe rules of procedure, by which equity jurisdiction is to be exercised. 11 The legislature may authorize the district judge of one district to hold a court in another district. 12 District courts have jurisdiction of actions to prevent extortion in office,13 and of actions against the administrator of an administrator to settle the accounts of his intestate.14 The legislature may confer jurisdiction on district courts, but cannot confer it on any tribunal or officer except those mentioned in this article of the constitution. 15 The judgments of district courts can only be reversed or relieved against in the same court where rendered, or by a resort to the proper appellate tribunal. 16

1 Courtwright v. Bear Riv, & A. W. & M. Co. 30 Cal. 576; Yolo Co. v. Sacramento, 36 Cal. 193; People v. Moore, 29 Cal. 427 2 Wilson v. Roach, 4 Cal. 366. 3 Bennett v. Southard, 35 Cal. 691. 4 People v. Houghtzling, 7 Cal. 348.

5 People v. Houghtaling, 7 Cal. 348; Gurnee v. Maloney, 38 Cal. 85. 6 Hentsch v. Porter, 21 Cal. 555. 7 Fallon v. Butler, 21 Cal. 24; Willis v. Farley, 24 Cal. 491. 8 People v. Mier, 24 Cal. 61; Bell v. Crippin, 28 Cal. 327. 9 Brown v. Rice, 52 Cal. 489. 10 Solomon v. Reese, 34 Cal. 32. 11 Ex parte Harker, 49 Cal. 465. 12 People v. McCauley, 1 Cal. 379. 13 Matter of Marks, 45 Cal. 200. 14 Bush v. Lindsay, 44 Cal. 121. 15 Spencer Creek Wat. Co. v. Vallejo, 48 Cal. 70. 16 Blythe v. Deaton, 48 Tex. 198.

County courts.—The old constitution left to the legis. lative will to determine whether jurisdiction over any given special case shall be vested in the county court or some other court.1 They have common-law jurisdiction in cases of naturalization of foreigners;- so, they have jurisdiction of actions of unlawful detainer against tenants holding over,3 and over actions of forcible entry and unlawful detainer,4 and over cases of election contests, 5 over actions to abate a nuisance and to recover damages they have no jurisdiction for damages except as an incident to their power to abate the nuisance.6 Jurisdiction for condemnation of water is a special case, but no jurisdiction exists in county courts unless specially conferred by the legislature;7 so, as to condemnation of land for public use; 8 so, as to proceedings to determine the right to town lots. County courts are courts of general criminal jurisdiction.1This section authorizes the absolute right of appeal from the municipal criminal court, and confers on the county court jurisdiction when the legislature shall provide the mode and means of appeal.11 The county court has the sole appellate jurisdiction in all cases arising in the justices' courts,12 and although they are authorized to try the case de novo, it is still an exercise of appellate and not original jurisdiction. 18

1 Matt. of Marks, 45 Cal. 200; Spencer Creek W. Co. v. Vallejo, 48 Cal. 70; Jacks v. Day, 15 Cal. 91. 2 Matt. of Conner, 39 Cal. 98.

3 Caulfield v. Stevens, 28 Cal. 118; Courtwright v. Bear Riv. & A. W. Co. 30 Cal. 573; Stoppelkamp v. Mangeot, 42 Cal. 325; Johnson v. Chely, 43 Cal. 300.

4 Caulfield v. Stevens, 28 Cal. 118; Kennedy v. Hamer, 19 Cal. 374. 5 Kirk v. Rhoads, 46 Cal. 398; Saunders o. Haynes, 13 Cal. 145. 6 Grigsby v. Clear Lake Wat. Co. 40 Cal. 396; Parsons v. Tuolumne Wat. W. Co. 5 Cal. 43. 7 Spencer Creek W. Co. v. Vallejo, 48 Cal. 70.

8 S. F. & A. W. Co. 36 Cal. 639. Jurisdiction has since been con. ferred on district courts.

9 Ricks v. Reed, 19 Cal. 551; Ryan v. Tomlinson, 31 Cal. 11.
10 People v. Blackwell, 27 Cal. 65.
11 People v. Nyland, 41 Cal. 129.
12 People v. Fowler, 9 Cal. 85.
13 Townsend v. Brooks, 5 Cal. 52.

Probate courts.-Probate courts possess general probate jurisdiction. The constitution does not confer on probate courts jurisdiction of all matters relating to the estates of deceased persons, but of such matters only as the statute directs.2" They have exclusive jurisdiction in the adjustment and enforcement of expenses of administration;3 but they have no jurisdiction of proceedings to compel a guardian to advance necessary sums out of the estate for the support of his ward.4. Whether they have jurisdiction to specifically enforce the performance of a contract for the sale of real estate, not decided.5

1 Will of Bowen, 34 Cal. 688; Gurnee v. Maloney, 38 Cal. 87; Bush v. Lindsey, 44 Cal. 125. 2 Bush v. Lindsay, 44 Cal. 121. 3 Gurnee v. Maloney, 38 Cal. 85. 4 Swift r. Swift, 40 Cal. 456. 5 Treat v. De Celis, 41 Cal, 202.

County judge.—The office of county judge is not a county office so far as to authorize a board of supervisors to order a special election to fill a vacancy in such office.1 Such an election is a special election, and the governor's proclamation is essential to its validity.? The tenure of the office is four years. On the organization of a new county, the act providing for the election of a county judge for two years is void pro tanto, and the election entitles the incumbent to the office for four years.4 A county judge is not the court.5

1 People v. Martin, 12 Cal. 409.
2 Westbrook v. Rosborough, 14 Cal. 180.

3 People v. Templeton, 12 Cal. 394: People v. Martin, 12 Cal. 409; People v. Porter, 6 Cal. 26; People v. Weller, 11 Cal. 49; Westbrook v. Rosborough, 14 Cal. 180.

4 Westbrook v. Rosborough, 14 Cal. 180. And see People v. Temple. ton, 12 Cal. 394. 5 Spencer Creek Wat. Co. v. Vallejo, 48 Cal. 70.

DESTY CAL. CON.-25.

§ 6. There shall be in each of the organized counties, or cities and counties of the State, a Superior Court, for each of which at least one Judge shall be elected by the qualified electors of the county, or city and county, at the general State election; provided, that until otherwise ordered by the Legislature, only one Judge shall be elected for the Counties of Yuba and Sutter, and that in the City and County of San Francisco there shall be elected twelve

Judges of the Superior Court, any one or more of whom , may hold Court. There may be as many sessions of said

Court, at the same time, as there are Judges thereof. The said Judges shall choose from their own number a presiding Judge, who may be removed at their pleasure. He shall distribute the business of the Court among the Judges thereof, and prescribe the order of business. The judgments, orders, and proceedings of any session of the Superior Court, held by any one or more of the Judges of said Courts, respectively, shall be equally effectual as if all the Judges of said respective Courts presided at such session. In each of the Counties of Sacramento, San Joaquin, Los Angeles, Sonoma, Santa Clara, and Alameda, there shall be elected two such Judges. The term of office of Judges of the Superior Courts shall be six years from and after the first Monday of January next succeeding their election; provided, that the twelve Judges of the Superior Court, elected in the City and County of San Francisco at the first election held under this Constitution, shall, at their first meeting, so classify themselves, by lot, that four of them shall go out of office at the end of two years, and four of them shall go out of office at the end

« PrejšnjaNaprej »