State v. Hughes
South Dakota Supreme Court
Appeal from Davison county court. Hon. E. S. Johkston, Judge. Bastardy proceedings by the state against Newton Hughes. From a judgment against defendant, he appeals. The facts are stated in the opinion. This is a criminal action. Chap. 24,' Laws 1893. The county courts of this state are courts of limited jurisdiction, and can exercise only such jurisdiction as is conferred on them by the constitution and the legislature in accordance with the terms of the constitution.
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Appeal from Davison county court. Hon. E. S. Johkston, Judge. Bastardy proceedings by the state against Newton Hughes. From a judgment against defendant, he appeals. The facts are stated in the opinion. This is a criminal action. Chap. 24,' Laws 1893. The county courts of this state are courts of limited jurisdiction, and can exercise only such jurisdiction as is conferred on them by the constitution and the legislature in accordance with the terms of the constitution. Nelson v. Ladd, 4 S. D. 1, 54 N. W. 809; Ayers 'et al. v. Sundback, 5 S. D. 31. Courts will so construe the statute that it…
1Opinion of the CourtCorson, P. J.
This was a bastardy proceeding in which a verdict and judgment were rendered for the state, and the defendant appeals.
At the opening of the trial, the defendant objected to the ■introduction of any evidence, upon the ground that the act of 1893, being Chap. 24, Sess. Laws 1893, was unconstitutional, in that it purported to confer jurisdiction upon county courts in cases where the debt, damage, or claim involved exceeded $1,000. The constitutionality of that law was fully considered by this court in State v. Scott, 65 N. W. 31, and the conclusion reached that it was not in conflict with the…
2Cases cited2 opinions
- Wendt v. Chicago, St. P., M. & O. Railway Co.South Dakota Supreme Court · 1893
- State v. ScottSouth Dakota Supreme Court · 1895
3Cited by1 opinion
- State v. ChristiansenSouth Dakota Supreme Court · 1922