Bliss v. Harris

Citations

• 70 Ill. 343

Syllabus

<p>1. Justices’ courts—-jurisdiction—strict formality not required. While it is true, that a justice’s court is an inferior one, and one of limited jurisdiction, and in order to render the judgments of such courts valid, it must appear that they had jurisdiction both of the subject matter and of the person, yet the policy-of our laws forbids that the proceedings and judgment of these courts should be defeated by technicalities; therefore, formalities in the summons or rendition of judgment are not required.</p> <p>3. Same—jurisdiction Toy appearance. If a defendant appears before a justice of the peace, and voluntarily submits himself to the jurisdiction of the court, without a summons, there is no reason why the justice should not proceed in the same manner as if the defendant had appeared in obedience to a summons duly issued and served.</p> <p>8. Where a defendant was brought before a justice of the peace, on a capias, it not appearing that an affidavit was filed sufficient to authorize the issuing of the writ, and made no objection to the manner in which he was brought into court, but voluntarily confessed that he was indebted to the plaintiff in the sum demanded, and that the same was due and unpaid: Meld, that such appearance invested the justice with jurisdiction to render judgment against him for the amount claimed.</p>