Burk v. Amos

{dissenting). I accept the statement of facts made by Mr. Justice Sharpe. No proper proof of service of the summons is on file in the office of the clerk of the court, and no summons was served upon the defendant Robert H. Amos. Decree was taken by default. The questions involved are fundamental. Jurisdiction is the power conferred upon a court for the public good, on account of the necessity of dispensing justice. This was the opinion of Lord Coke, expressed in 10 Coke, 73a. Jurisdiction of a particular party or proceeding must affirmatively appear of record. Prom the record alone the court…