Garlock v. Calkins

Citations

• 14 S.D. 90
• 84 N.W. 393
• 1900 S.D. LEXIS 13

Syllabus

<p>1. Where a transcript of a judgment of a justice of the peace, docketed in the circuit court, showed that the justice had jurisdiction both of the subject-matter of the cause and the parties thereto, the entries were prima facie evidence of such jurisdiction.</p> <p>2. A transcript of a judgment of a justice of the peace having apparent . jurisdiction, docketed in the circuit court, is not a Judgment of that court, so as to authorize that court to set it aside for want of jurisdiction of the justice, and cause the action in which the judgment was rendered to be set for trial de novo in the circuit court.</p> <p>3. A transcript of a justice’s judgment, docketed in the circuit court, is not a judgment of that court, so as to enable it to vacate the judgment, under authority of Comp. Laws, § 4939, declaring that the court may relieve a party from a judgment taken against him through mistake, inadvertence, surprise, or excusable negligence, and to place the action in which the judgment was rendered on the docket in the circuit court for trial de novo.</p>