Quayle v. Glenn
Idaho Supreme Court
APPEAL from District Court, Bear Lake County. The statement is the authority for the justice to enter judgment, and -his sole authority. Any defects in it are jurisdictional and fatal. Nothing can be presumed in favor of the jurisdiction of courts or magistrates having special or limited jurisdiction. The record should show that the judgment was within the limits of their jurisdiction.
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APPEAL from District Court, Bear Lake County. The statement is the authority for the justice to enter judgment, and -his sole authority. Any defects in it are jurisdictional and fatal. Nothing can be presumed in favor of the jurisdiction of courts or magistrates having special or limited jurisdiction. The record should show that the judgment was within the limits of their jurisdiction. (Henry v. Estes, 127 Mass. 474; Hendrick v. Whittemore, 105 Mass. 23, 27; Tucker v. Harris, 13 Ga. 1, 5S Am. Dec. 488; Palmer v. Oakley, 2 Doug. (Mich.) 433, 47 Am. Dec. 41.) The justice had jurisdiction both…
1Opinion of the CourtSullivan, J.
— This suit was brought to perpetually enjoin the enforcement of a judgment entered in a justice’s court against appellant for the sum of $401.80 damages. The complaint in said court prayed for judgment for the sum of $291.35 principal, and interest claimed to be due thereon, amounting to $110.45, malting a total demand of $401.80, all of which appears from the judgment-roll. The question as to the jurisdiction of the justice of the peace to enter judgment was not raised in tire court below, but it is a question that may be raised at any time. In deciding this question, we have examined the…
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