Toliver v. Brownell

Plaintiff brought suit in justice’s court against the defendant. The suit was tried upon June 17, and judgment reserved.. Subsequently the justice rendered judgment, which appears upon his docket of date June 21. In his return to the writ the justice says that he was absent, in Chicago, the entire of June 21; that said judgment was in fact rendered June 20, but was erroneously entered upon his docket as rendered the 21st.

Upon its face the judgment was valid. This is a direct proceeding in the case to question the jurisdiction of the justice, and is a proper proceeding for that purpose. The…