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Zabriskie v. Torrey

Supreme Court of California
Apr 1, 1862
20 Cal. 173 (Cal. 1862)

Opinion

         Appeal from the County Court of the City and County of San Francisco.

         COUNSEL:

         A. M. Heslep, for Appellant.

          James McCabe, for Respondent.


         JUDGES: Field, C. J. delivered the opinion of the Court. Cope, J. and Norton, J. concurring.

         OPINION

          FIELD, Judge

         This is an action to recover two hundred dollars for professional services; and judgment was recovered for the amount claimed, besides costs and ten dollars percentage. The respondent moves for a dismissal of the appeal on the ground that this Court has no jurisdiction of the case. The motion must be granted. The appellate jurisdiction of this Court in civil actions, upon demands for money, only extends to cases where " the matter in dispute exceeds two hundred dollars," unless the legality of a tax, toll, impost or municipal fine is drawn in question. The costs and percentage are only incidental to the action; they do not constitute any part of the matter in dispute. (Dumphy v. Guindon , 13 Cal. 28.)

         Appeal dismissed.


Summaries of

Zabriskie v. Torrey

Supreme Court of California
Apr 1, 1862
20 Cal. 173 (Cal. 1862)
Case details for

Zabriskie v. Torrey

Case Details

Full title:ZABRISKIE v. TORREY

Court:Supreme Court of California

Date published: Apr 1, 1862

Citations

20 Cal. 173 (Cal. 1862)

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