59 Cal. 550 | Cal. | 1881
1. In view of the conclusion we have reached, it may be admitted (while we expressly decline so to decide) that the act, entitled “An Act providing for appeals from orders forming reclamation or swamp land districts, setting off lands from such districts, or consolidating districts,” is not an act providing for appeals to the Superior Court, but is an act providing for original proceedings, in that Court, for the formation of reclamation or swamp land' districts, setting off lands from such districts and consolidating districts: Further, construing the object of the act to be to provide for original and not appellate proceedings, it may be admitted (while we decline so to decide) that the title, which states the object of
2. It may also be admitted (we expressly decline so to decide) that a proceeding to form a reclamation or swamp land district, or to set off lands from such district, or to consolidate districts, is a “ special case or proceeding,” judicial in its nature, of which the Superior Court has jurisdiction—the the case or proceeding not being “ otherwise provided for.” (Const., Art. vi, § 5.)
3. It may further be admitted—although the act above referred to declares that the judgment of the Superior Court shall be “ final ”—that an appeal lies to this Court, if the Constitution confers upon this Court jurisdiction to entertain such appeal.
4. This Court has no jurisdiction of such appeal. (Const., Art. vi, § 4; Appeal of S. O. Houghton, 42 Cal. 35.) To what is said in the Appeal of S. O. Houghton we may add: It is clear that “ special cases or proceedings” are not included in the “cases at law,” in which this Court is given appellate jurisdiction by the fourth section of Article vi of the Constitution, because, in the fifth section of the same article “ special cases and proceedings” are spoken of as constituting a separate and distinct class from such “ cases at law.”
In Section 4 of Article vi of the Constitution—the Section which enumerates the classes of cases in which the Supreme Court has appellate jurisdiction—are mentioned all the classes of civil cases in which the Superior Court is given original jurisdiction (by the fifth Section of the same Article), except “ actions of divorce and annulment of marriage,” and “ special cases and proceedings,” and except, also, that the appellate jurisdiction of the Supreme Court is declared to extend to “ probate matters” only where an appeal is provided by law. Unless actions of divorce, or for annulment of marriage, or special cases and proceedings are included within some other class of those enumerated, it would seem very clear that it was not the intention of the Constitution to confer upon the Supreme Court appellate jurisdiction in actions of divorce; or for annulment of marriage, or in special cases and proceed
5. It has been suggested that the views of the Supreme Court, as expressed in the opinions of Justices Crockett, Wallace, and Temple in Appeal of S. O. Houghton, were subsequently modified in De Witt v. Duncan, 46 Cal. 345, and Spencer Creek Water Company v. Vallejo, 48 id. 73. But De Witt v. Duncan was a bill in equity, by which the plaintiff sought to have a covenant executed by the tenants in common in a block of land, to lay out a street through the block on a line supposed to be the middle of the block (but which was not in fact in the middle) enforced by a decree adjudging that the street be declared to be in the middle of the
As the act considered in Houghton’s Appeal declared that the judgment of the County Court should be final, so the act of April 16, 1880, declares that the judgment of the Superior Court shall be final. No additional force would be given to the finality of the judgment by the words “ and conclusive.” Those words are not mentioned in the opinion in the Spencer Creek case—so unimportant were they considered.
A judgment is sometimes said to be final to distinguish it from an interlocutory order or judgment in the same court. A judgment is also a final judgment which is a final determination, shutting off or concluding any further proceedings in the cause, by an "appeal or otherwise. It was in the latter sense that the word “final” was used in the statute construed in Houghton’s Appeal. It is in the same sense that the word is used in the statute now before us.
The special proceedings are prescribed in the Acts relating to swamp land districts, and if the statute of April 16, 1880,
The present case comes clearly within the rule laid down in Houghton’s Appeal, even if that rule be limited, as it is apparently sought to be limited in Spencer Creek Water Co. v. Vallejo.
6. The “ order and judgment ” of the Superior Court dismissing the appeal from the Board of Supervisors is a final judgment.
If it be urged that it is not the judgment which alone is prescribed by the statute, it is, nevertheless, a judgment in the special proceedings, from which no appeal is provided.
Appeal dismissed.