Pickering v. Palmer

Citations

• 18 N.M. 473
• 138 P. 198

Syllabus

<p>SYLLABUS (BY THE COURT)</p> <p>1. A judgment rendered by a Justice of tbe Peace, before tbe return day of tbe summons, is void,»as being without jurisdiction.</p> <p>p. 477</p> <p>2. A person against whom a Justice of tbe Peace bas rendered a judgment void for want of jurisdiction, is not bound to appeal or remove the same by writ of certiorari, even though he have actual notice of the existence of the judgment.</p> <p>P. 478</p> <p>3. In this State, where a Justice of the Peace has no power to set aside his judgments or grant a new trial, and where upon appeal or certiorari to the District Court the cause is triable de novo only, one against whom a void judgment has been rendered by a Justice of the Peace, is not, though with actual notice thereof, guilty of laches and negligence sufficient to bar his right to an equitable remedy against such judgment, because he fails to appeal or sue out a writ of certiorari.</p> <p>P. 473</p> <p>4. An action for damages for trespass under a void judgment and execution issued thereunder, is not such a plain, speedy and adequate remedy at law, as will bar an action to enjoin the enforcement of the judgment.</p> <p>P. 480</p>