Holloway v. State
Superior Court of Delaware
1Opinion of the Court
Carey, Judge.
To be upheld on certiorari, the record of a Justice of the Peace must show jurisdiction in him. Jurisdiction over the subject matter of an action cannot be conferred upon a Court by consent of an accused, but this is not true of jurisdiction over his person.. Ney v. State, 5 Terry 1, 54 A. 2d 542. This principle has apparently been followed by every Court which has considered it. 14 Am. Jur. 917. Failure to timely object to lack of jurisdiction over the person constitutes a waiver. It has been held that a plea of not guilty is a waiver. Ford v. U. S., 273 U. S. 593, 47 S. Ct.…
2Cases cited4 opinions
- Ford v. United StatesSupreme Court of the United States · 1926
- State v. RosenblumSupreme Court of New Jersey · 1925
- Ney v. StateSuperior Court of Delaware · 1947
- Morris v. StateSuperior Court of Delaware · 1946
3Cited by1 opinion
- Dunn v. Mayor and Council of City of WilmingtonSuperior Court of Delaware · 1965