In Re Davenport for a Writ of Habeas Corpus

It is certain that the justice of the peace had no authority to hold court at the place where it is alleged in the petition sentence was imposed on the respondent. Section 949, Or. L., provides :

“A justice’s court is a court held by a justice of the peace, within the precinct for which he may be chosen.”

In 16 B. O. L. 364 we find:

“Where a justice of the peace goes outside of the limits of his jurisdiction and undertakes to hold his court, lie neither has jurisdiction of the subject matter nor of the person; and no waiver or agreement made before him outside of his jurisdiction can confer…