Harwell v. Rohrabacher

BáRNHILL, C. J.

The defendant challenges the validity of the judgment entered in the court below on jurisdictional grounds. A magistrate has jurisdiction in an ejectment action only when there is a contract of rental and the relation of landlord and tenant exists between the plaintiff and the defendant.

“The jurisdiction of a justice of the peace in civil actions for recovery of possession of real estate is entirely statutory' — and is derived from the landlord and tenant act providing for summary ejectment. (Statute cited.) Such jurisdiction may be exercised only in cases where the…