Low v. Rice
New York Supreme Court
IN error, on certiorari, from a justice’s court Law sued Rice before the justice. There was a trial b;= j -jry, and a verdict for the defendant. Before the trial, the justice moved into the house of one Morse, who kept a tavern. He occupied one end of the house, but the whole communicated, in the inside, by a passage, and Morse continued keeping tavern at the time of the trial.
1Per curiam
The justice, at the time of the trial and judgment, lived in a house in which a tavern was kept, and he had no jurisdiction •, for the statute (sess. 24. c. 165. s. 20.) says, that no such justice “ shall try any cause by' virtue of this act.” . To say, that living as he did was not living in a house where a tavern was kept, would be to repeal the law, by allowing it to be evaded, on the most flimsy pretexts. The justice moved into the house after the suit was commenced, and before the trial. The plaintiff’s appearing and going to trial, will not give jurisdiction where there was none by law.
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2Cited by13 opinions
- In re NevittCourt of Appeals for the Eighth Circuit · 1902
- McClaughry v. DemingSupreme Court of the United States · 1902
- Chambers v. HodgesTexas Supreme Court · 1859
- Bonds v. HickmanCalifornia Supreme Court · 1866
- Weeks v. EllisNew York Supreme Court · 1848
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