Jones v. Justice's Court

Citations

• 97 Cal. 523
• 32 P. 575
• 1893 Cal. LEXIS 584

Syllabus

<p>Justice’s Court — Jurisdiction. — Justices’ courts have peculiar and limited jurisdiction, and the powers conferred upon them by the statute must be strictly pursued.</p> <p>Id. — Notice of Trial — Judgment without Notice — Certiorari — Mandatory Statute.— Section 850 of the Code of Civil Procedure, providing that the justice of the peace must notify the parties who have appeared in an action of the day fixed for trial, is imperative, and a judgment entered without such notice having been first given will be set aside upon a writ of review.</p> <p>Id.— Written Notice — Entry upon Record.— The notice of the day fixed for the trial of an action in the justice’s court, required by section 850 of the Code of Civil Procedure to .he given to the parties to the action who have appeared, must he in writing and form a part of the record, and there must he an entry thereof, and of the mode in which it is given, in the justice’s docket, in order to authorize him to proceed upon the trial of the case and render a judgment therein.</p> <p>Id.—Service of Notice by Plaintiff — Verbal Statement — Filins Affidavit of Service — Docket. — While it is not necessary that the justice should serve the notice in person, he ought not to accept the verbal statement of the plaintiff that notice had been served upon the defendants; nor is a mere entry in the docket that plaintiff’s attorneys filed affidavits of service of notice of trial any evidence that the affidavits contained proper proof that the notice had been given to the defendants.</p>