Bank of Gassaway v. Stalnaker
West Virginia Supreme Court
Error to Circuit Court, Clay County. Action by the Bank of Gassaway against Mary Stalnaker and others. Judgment for defendants, and plaintiff brings error.
1Opinion of the Court
Robinson, Judge:
Can a justice summon one as garnishee from another county than that of the justice, and, upon his default to appear and answer, render a valid judgment against him in. favor of the judgment creditor ? This question alone is presented by the writ of error.
We answer the question in the negative. Such a judgment is totally void for -want of jurisdiction. A justice has no civil jurisdiction beyond the limits of his county. To that territory his powers áre confined by the Constitution itself. Atí. 8, section 28. It says that “the jurisdiction of justices of the peace shall extend…
2Cited by5 opinions
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