Williams v. Rice
South Dakota Supreme Court
Appeal from circuit court, Hamlin county. Hon. A. W. Campbell, Judge. Application to the circuit court for leave to issue an execution upon a judgment recovered in justice court, a transcript of which had been entered and docketed in the circuit court. From an order granting the application defendant appeals. The facts are stated in the opinion. It is absolutely necessary that all the elements of jurisdiction appear from the record of the proceedings of an inferior court.
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Appeal from circuit court, Hamlin county. Hon. A. W. Campbell, Judge. Application to the circuit court for leave to issue an execution upon a judgment recovered in justice court, a transcript of which had been entered and docketed in the circuit court. From an order granting the application defendant appeals. The facts are stated in the opinion. It is absolutely necessary that all the elements of jurisdiction appear from the record of the proceedings of an inferior court. Grignon v. Astor, 2 How. 319; 4 Am. & E. Ency. Law 453; Swain v. Chase, 12 Cal. 283; Rowley v. Howard, 23 Id. 401; King v.…
1ConcurrenceKellam, J.
I concur in this decision. White v. Clark, 8 Cal. 512; Kerns v. Graves, 26 Cal. 156; and Young v. Remer, 4 Barb. 442,—cited by appellant as supporting his proposition that nothing is added to the life of a, justice’s judgment by its being transcripted and docketed in the circuit court, are not controlling. These cases were decided under statutes containing no such provisions as ours. The three statutes of California and New York simply declare that upon the docketing of such transcripted judgment, execution might issue thereon “in the same manner and with like effect as if issued on a…
2Cases cited3 opinions
- Kerns v. GravesCalifornia Supreme Court · 1864
- Young v. RemerNew York Supreme Court · 1848
- White v. ClarkCalifornia Supreme Court · 1857