Leonosio v. Bartilino

Citations

• 7 S.D. 93
• 63 N.W. 543
• 1895 S.D. LEXIS 43

Syllabus

<p>1. A justice of the peace, having no implied authority to act judicially, is limited in the exercise of such power by the express provisions of the statute.</p> <p>%. In an action to recover a specific sum of money had and received, a relief Summons was issued by a justice of the peace, and made returnable op the 7th day of November, 1893, — the day on which an annual election was held throughout the state; and the justice, upon his own motion, postponed the hearing until 10 o’clock a. m. of the next day, when the defendant appeared in person, and moved for aSi adjournment, and, upon a denial thereof refused to proceed further; and it is held that no action was commenced, either by the issuance of the summons, or by the voluntary appearance and pleading of the parties, as required by section 6050 of the Compiled Laws, and that a judgment rendered in favor of plaintiff, and against defendant, was nugatory and void.</p> <p>(Syllabus by the Court.</p>