121 Cal. App. Supp. 781 | Cal. App. Dep’t Super. Ct. | 1931
Plaintiffs allege in their complaint that for more than fifty years last past there has been in exist
The enforcement of liens is a well-recognized function of courts of equity. (Hibernia etc. Soc. v. London etc. Ins. Co., 138 Cal. 257 [71 Pac. 334] ; Kreling v. Kreling, 118 Cal. 413, 419 [50 Pac. 546].) The test of the jurisdiction of a court is ordinarily to be found in the nature of the case, as made by the complaint, and the relief sought. (Becker v. Superior Court, 151 Cal. 313, 316 [90 Pac. 689].) In Urton v. Woolsey, 87 Cal. 38 [25 Pac. 154], the complaint set forth a written contract between plaintiff, as vendor, and defendant, as vendee, for the sale and purchase of certain lands, and averred facts showing plaintiff’s right to enforce and foreclose a lien upon said land for the purchase money. There was a prayer for the foreclosure of the lien. It was held that the action was one to enforce a lien upon real property. Likewise the complaint herein sets forth a cause of action for the foreclosure of a lien on real estate, and the superior court would have jurisdiction, a suit for such foreclosure being a suit in equity. (Curnow v. Blue Gravel etc. Co., 68 Cal. 262, 264 [9 Pac. 149].) The complaint was filed March 15, 1930, and the judgment was entered and filed on July 6, 1931. The municipal court was without jurisdiction to foreclose a lien on real estate, except in “actions to enforce and foreclose liens of mechanics, materialmen, artisans and laborers, where the amount of such liens is two thousand dollars or less”, and the municipal court had no jurisdiction of cases in equity, except “when pleaded as defensive matter or by way of cross-complaint in any case at law commencing in the municipal court, of which it has exclusive jurisdiction”. (Stats. 1929, p. 838.) There was entire lack of jurisdiction of the municipal court in this case, but no appeal being taken by defendants, we cannot reverse the judgment against defendants. It is also well settled that upon an appeal from a portion of the judgment only, the appellate court has no jurisdiction to reverse
The judgment is affirmed, respondents to recover their costs of appeal from appellants.
Shaw, J., and Craig, J., pro tem., concurred.