Melvin v. Latshaw
Supreme Court of Colorado
Error to District Court, Gilpin Qounty. Action before a justice of the peace in Grilpin county, and judgment for plaintiff for $244.40, and the costs.
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Error to District Court, Gilpin Qounty. Action before a justice of the peace in Grilpin county, and judgment for plaintiff for $244.40, and the costs. Cause appealed to the district court where the plaintiff in error filed two pleas, the second of which was as follows: “And now the said defendant, William H. Latshaw, for a further plea in this behalf, in his own proper person, comes and says, that this court ought not to have, or take further cognizance of the action aforesaid as to the said supposed cause of action mentioned in the said note sued on, in the said cause, because he says,…
1Opinion of the Court
Hallett, O. J.
A defect of jurisdiction in an inferior court may be shown under the general issue, and, obviously, it may be pleaded in bar of the action. Thomas v. Winters, 4 Blackf. 161; 1 Chitty’s Pl. 442. Indeed, Mr. Chitty says that where the court has no jurisdiction at common law, the want of jurisdiction is not properly the subject of a plea in abatement; and the court of a justice of the peace, under our statute, appears to be of that description. The pleas interposed in the district court conclude in bar, and, although the commencement appears to be in abatement, the subject-matter…
2Cases cited1 opinion
- Thomas v. WintersIndiana Supreme Court · 1836
3Cited by10 opinions
- Hardenbrook v. HarrisonSupreme Court of Colorado · 1887
- Walker v. People Ex Rel. UchidaSupreme Court of Colorado · 1930
- Justice Court v. People Ex Rel. HarveySupreme Court of Colorado · 1942
- Brasher v. Denver & R. G. R'y Co.Supreme Court of Colorado · 1888
- People ex rel. School District No. 38 v. Court of AppealsSupreme Court of Colorado · 1905
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