v2328-704

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For negligence in the performance of defendant's

duties as an attorney, therefore, if such negligence had

been properly pleaded, only the heirs, or one or more

of them, may sue. Plaintiff, one of the heirs, sues in

his own right, claiming that by the negligence of de-

fendant he was damaged in the sum of $970.40. He

seeks to build up the amount in controversy by suing

as assignee of Lenske for the recovery of $2920,80, in

which sum Lenske claims to have been damaged by

reason of the negligence of defendant in the per-

formance of his duties as an attorney-at-law for other

people. Lenske has no such cause of action, and so

plaintiff's complaint in respect to the matter of juris-

diction is left to rest alone upon his own cause of ac-

tion, in which he seeks to recover a sum far below the

jurisdictional requirements.

It is respectfully submitted that the order of dis-

missal should be affirmed.

Dated, Sacramento, California,

March 5, 1943.

Respectfully submitted,

Van Dyke & Harris,

Attorneys for Appellee.

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archive.org Volume Name: govuscourtsca9briefs2328

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