Plunket v. Evans

Citations

• 2 S.D. 434
• 50 N.W. 961
• 1892 S.D. LEXIS 7

Syllabus

<p>1. Section 6042, Comp. Laws, provides that the civil jurisdiction of justices courts within their respective counties extends “(1) to an action arising on contract for the recovery of money only when the sum claimed does not exceed one hundred dollars.” Held, that where, in an action commenced August 2, 1888, the sum claimed m the summons and complaint was $86.50, and interest at 7 per cent per annum from December 22, 1883, the “sum claimed” exceeded $100 and the justice, therefore, had no jurisdiction of the case.</p> <p>2. On the trial of the case by the justice, the attorney for plaintiffs filed a written consent remitting all claims to an amount exceeding $100, and thereupon the justice entered judgment for that amount and costs. Held, that remitting the claim above $100 did not cure the defect or give the justice jurisdiction. Held, further, that had the sum claimed in the summons and complaint been $100 or less, and the judgment had for any cause exceeded that sum, the plaintiffs could have remitted the excess, and the judgment for the amount within the jurisdiction of the justice would have been good.</p> <p>3. An appeal was taken from the justice’s court to the district court and there tried, and judgmentfor_$86.50 rendered for plaintiffs.' Held, that the appeal was no waiver of the jurisdiction of the justice over the subject matter of the action, and that the district court had only the jurisdiction of the justice, and, the justice having no jurisdiction, the district court had none; the original jurisdiction of the district court not being involved or called into exercise.</p> <p>4. The appeal to this court was from the judgment of the district court, and no bill of exceptions was settled and no motion fora new trial made in the district court. Held, that neither a bill of exceptions nor a motion for a new trial was necessary in this case, as the want of jurisdiction of the justice appeared from the judgment roll, which contained the summons and compla