Opinion
Civ. No. 382.
December 24, 1907.
APPEAL from a judgment of the Superior Court of Sonoma County, and from an order denying a motion for new trial.
The facts showing the original jurisdiction of the supreme court are stated in the opinion of the district court of appeal. On January 10, 1908, the cause was retransferred by the supreme court to the district court of appeal for decision on the merits, which was rendered January 29, 1908 and is reported post, p. 487, ( 94 P. 779-782).
T. J. Butts, for Appellants.
F. McG. Martin, for Respondent.
This is an action to perpetually restrain defendant from traveling over or across a certain strip of land, the property of plaintiffs.
"The Supreme Court shall have appellate jurisdiction on appeal from the Superior Courts in all cases in equity" (sec. 4, art. VI, Const.), and to that court the appeal should have been taken. The appeal not having been taken to the proper court, "the cause shall be transferred to the proper court." ( Ibid.)
Agreeably to rule XXXII, 144 Cal. liii, [78 Pac. xiii], it is ordered that the cause be transferred to the supreme court.
Hart, J., and Burnett, J., concurred.