Jolley v. Foltz

Citations

• 34 Cal. 321

Syllabus

<p>Jurisdiction of Justice's Court.—A Justice's Court is an inferior Court, and its jurisdiction must be shown affirmatively by a party relying upon, or claiming any right under, its judgments.</p> <p>Residence of Defendant a Jurisdictional Fact in Justice’s Court.—Where it nowhere appeared in the Justice's docket or other papers, in an action determined in a Justice's Court, that the defendant against whom judgment by default was rendered, resided in the township in which the action was commenced, or that he was within any of the exceptions enumerated in the five hundred and thirty-fifth section of the Practice Act: held, that when the proceedings and judgment in said action, as contained in said docket and other papers alone, were offered in evidence against the defendant in another action, they were properly rejected, because jurisdiction of the person of the defendant did not affirmatively appear.</p> <p>Idem.—Evidence aliunde the Record.—The fact of the residence of defendant in a particular township is jurisdictional, but the Practice Act does not require its existence to be recorded in the Justice's docket, or be made to appear in any written evidence of the proceedings in the action, nor does it provide in what manner such facts as are not required to be entered in the docket or other written proceeding, shall be made to appear, or be proved : held, further, that in such case, it was error for the Court to reject parol evidence that said defendant, at the time said action was commenced, resided in the township where it was commenced.</p> <p>Idem.—Such proffered evidence in no respect contradicted the docket, but on the contrary was entirely consistent with it, and supported the judgment.</p> <p>Idem.—The rule seems to.be, that those jurisdictional facts in support of judgments in Justices' Courts which are not in writing, or required to be in writing, or in fact entered in the docket, may be proved by parol; but the rule is otherwise where the statute requir