Greenhalgh v. McCabe

The writ brings up “a certain decision rendered October 10th, 1932, by” (respondent as recorder) “denying the motion of Frank Greenhalgh * * * made in a special appearance before said recorder, to dismiss a complaint for lack of said recorder’s jurisdiction to hear same,” specifying the statutory authority under which said complaint was made.

No judgment was entered. The challenge to jurisdiction was made in limine; and in such case certiorari lies only where either the statutory tribunal has no jurisdiction at all over the subject-matter, or has not legally acquired jurisdiction of the ease.…