218 P. 396 | Cal. | 1923
The plaintiff commenced this action in the superior court on a complaint containing two causes of action. In the first cause of action he alleged that he was the owner of a certain lot of land lying in the city of Oakland, and that the defendants willfully and unlawfully and without his consent permitted goats owned by the defendants to enter upon said land and to destroy ten fruit trees growing thereon which were the property of the plaintiff and which were of the reasonable market value of $150. In the second cause of action the plaintiff alleged that he was the owner of a shed and thirty feet of fence located upon said lot of land of the value of $30, and it is alleged the defendants willfully and unlawfully and without the consent of plaintiff entered upon said land and removed therefrom and converted to their own use said shed and fence. The prayer followed for judgment in the sum of $180. The defendants demurred upon the grounds that the court was without jurisdiction of the subject matter of the action, and that the complaint failed to state facts sufficient to constitute a cause of action against them. This demurrer was sustained without leave to amend. From the judgment following plaintiff has prosecuted this appeal.
[1] The fruit trees, shed, and fence constitute part of the realty (Civ. Code, sec.
In some cases it has been said that where title or possession of real property is merely a fact in controversy, arising incidentally or as a collateral question, it could not be held that the action involved such title or possession (Pollock v. Cummings,
[3] There is no merit in the suggestion that jurisdiction was conferred upon the justice's court in a case of this kind by the provisions of subdivision 2 of section 112 of the Code of Civil Procedure, for it has been expressly held that under this section the justice's court cannot exercise a jurisdiction *785
which is broader than that conferred upon it by the constitution (King v. Kutner-Goldstein Co.,
Judgment reversed.
Lennon, J., Seawell, J., Meyers, J., Waste, J., Lawlor, J., and Wilbur, C. J., concurred.