Adams v. Jennings

Citations

• 103 Va. 579
• 49 S.E. 982
• 1905 Va. LEXIS 28

Syllabus

<p>1. Justices oe Peace—Jurisdiction—Splitting up Claims—Consent— Judgment—Collateral Attack—Prohibition.—While a writ of prohibition will be awarded to prevent a Justice of the Peace from taking jurisdiction of a debt in excess of one hundred dollars which has been split up into notes, each less than one hundred dollars, all of which are due, and for which separate warrants are being prosecuted before him, yet where such warrants have proceeded to judgment before the Justice, with the- consent or acquiescence of the defendant, such judgments cannot be thereafter collaterally assailed by third persons. This result does not in any degree impinge upon the maxim that consent cannot give jurisdiction, as the Justice had jurisdiction over the amount represented in each judgment.</p>