McDermott v. Isbell
California Supreme Court
Appeal from the Fifth Judicial District. This was a suit upon a replevin bond for $1,500. The complaint alleges that the bond was conditioned to prosecute a replevin suit, before a Justice of the Peace, of said Isbell against McDermott for a wagon and three yoke of oxen, or their return, in case of judgment against Isbell; that the property was delivered to Isbell under the process of the Justice, on the execution of the bond; that the Justice decided he had no jurisdiction…
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Appeal from the Fifth Judicial District. This was a suit upon a replevin bond for $1,500. The complaint alleges that the bond was conditioned to prosecute a replevin suit, before a Justice of the Peace, of said Isbell against McDermott for a wagon and three yoke of oxen, or their return, in case of judgment against Isbell; that the property was delivered to Isbell under the process of the Justice, on the execution of the bond; that the Justice decided he had no jurisdiction of the action, and entered a judgment that the property be restored to Mc-Dermott; and that Isbell had failed to restore…
1Opinion of the Court
*Mr. Ch. J. Murray
[114] delivered the opinion of the Court.
Mr. J. Heydeneeldt and Wells concurred.
It has been frequently held by this Court that a party who avails himself of the process of an inferior Court, cannot escape the responsibility of his own act, upon the ground that such tribunal had no jurisdiction over the subject matter in controversy.
Consequently, a party who sues out a writ of replevin from a Justice of the Peace having no jurisdiction, and obtains the property, in an action on the replevin bond cannot set up as a defense the want of the jurisdiction of the Justice.
Neither…
2Cases cited2 opinions
- Gibbs v. BartlettSupreme Court of Pennsylvania · 1841
- Flagg v. TylerMassachusetts Supreme Judicial Court · 1807
3Cited by7 opinions
- Portland v. Bituminous Paving Co.Oregon Supreme Court · 1898
- Carlon v. DixonOregon Supreme Court · 1885
- Nichols v. StandishSupreme Court of Connecticut · 1880
- Huston v. Big Bend Land Co.Court of Appeals for the Ninth Circuit · 1924
- Boller v. DavisSupreme Court of Kansas · 1946
2 more not listed; retrieve them via the Exa API.