Mondou v. Lincoln Mutual Casualty Co.

I am not in accord with the opinion of Mr. Justice Potter, which for the first time raises the question of jurisdiction. It has not been raised by either party. Jurisdiction cannot be thrust upon a court by consent of the parties, when such jurisdiction does not exist under the law. It does exist in the instant case and jurisdiction was acquired to review the judgment of the lower court. It is true that the term “decree” instead of “judgment” was used by appellant in its appeal, but such an error, made in a case tried by a judge without a jury, is so patent that a correction should be…