64 Cal. 11 | Cal. | 1883
The appellant commenced an action in a Justice’s Court against the respondent for the recovery of one hundred dollars damages, which appellant alleged he had sustained by reason of the respondent’s entering upon appellant’s land and cutting timber thereon. The respondent in his answer alleged that he was the owner of the premises upon which
The damages" claimed were less than three hundred dollars. The case, as stated in the complaint, does not involve the title or possession of real estate any more than an action of trespass quare clausum must necessarily involve such title or possession. As before stated, the defendant made no answer to the complaint, and the judgment, exclusive of costs, was for less than three hundred dollars.
It is by no means certain that the cause of action set out in the complaint filed in the Superior Court is the same as that set out in the complaint filed in the Justice’s Court. ' It docs not appear that the trespass alleged in the one was the same as that alleged in the other. For anything that appears on the face of said complaints, the premises on which it is alleged a trespass was committed may not be the same. The cause was tried upon the complaint filed in the Superior Court, which took the place
Appeal dismissed.
Myrick, J., and Thornton, J., concurred.
Hearing in Bank denied.