Kuhnen v. Burt

This case arose upon an affidavit of illegality, the main ground of which was the want of service, or of any kind of notice. Mrs. Kulmen, the plaintiff in error, was sued jointly with her husband, in a justice’s court; judgment was rendered against the “defendant,” and an execution was issued against both defendants and levied upon her property. The judgment being that of a justice’s court, there are no jurisdictional presumptions in its favor. “ Generally the judgment of a court of special and limited jurisdiction must be disregarded unless the facts necessary to support such jurisdiction…