Jones v. Hunt
Wisconsin Supreme Court
Appeal from a judgment of the eircn.it court for Adams county: R. G-. Sibbecker, Circuit Judge. A common-law certiormd was issued, on the petition of the appellant, to a justice of the peace for Adams county, to review his proceedings in an action before him in which the said respondent was plaintiff and the appellant was defendant, and which resulted in a judgment against the latter, and in favor of the plaintiff therein, of $3 damages and $59.62 costs.
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Appeal from a judgment of the eircn.it court for Adams county: R. G-. Sibbecker, Circuit Judge. A common-law certiormd was issued, on the petition of the appellant, to a justice of the peace for Adams county, to review his proceedings in an action before him in which the said respondent was plaintiff and the appellant was defendant, and which resulted in a judgment against the latter, and in favor of the plaintiff therein, of $3 damages and $59.62 costs. From the copy of the docket the justice returned to the writ, it appeared that a summons was issued in favor of Hunt against Jones as…
1Opinion of the CourtPinney, J.
The return wholly fails to show that the justice had jurisdiction to render judgment against the defendant. The jurisdiction of a court of general jurisdiction will be presumed until the contrary appears; but justices’ courts are courts of inferior and limited jurisdiction, and jurisdiction must appear, both as to person and subject matter, upon the face of their proceedings, and will not be presumed. This is so well understood that citation of authority to support it is unnecessary. It is a proposition as old as the law itself. Whether the subject matter of the trial before the justice was…
2Cases cited8 opinions
- Thomas v. RobinsonNew York Supreme Court · 1829
- Cleveland v. RogersNew York Supreme Court · 1831
- Baizer v. LaschWisconsin Supreme Court · 1871
- Smith v. BahrWisconsin Supreme Court · 1885
- Coffee v. City of Chippewa FallsWisconsin Supreme Court · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State ex rel. Dearborn v. MerrickWisconsin Supreme Court · 1898
- Crate v. PettepherWisconsin Supreme Court · 1901
- Sullivan v. MilesWisconsin Supreme Court · 1903
- Miltimore v. HoffmanWisconsin Supreme Court · 1905
- Pointer v. JonesWyoming Supreme Court · 1906