Purdum v. Neil

Citations

• 10 Idaho 263
• 77 P. 631
• 1904 Ida. LEXIS 30

Syllabus

<p>Justice’s Coubt — Service oe Summons Outside of Count? — Jurisdiction.</p> <p>1. Under subdivision 4 of section 4726, Revised Statutes, the objection that the action has been commenced in the wrong county may raise not only a question of law, but one of fact and entitle the defendant to a judgment of nonsuit after the evidence is in, although he does not defend against the action on its merits.</p> <p>2. Where a defendant appears in a justice’s court and makes and files his objections to the jurisdiction on the grounds that he resides and was served in another county, and that the contract sued on was not in writing and was not to be performed in the county where the action was commenced, and at the same time files his affidavit raising those issues and they are denied by the plaintiff’s counter-affidavit and facts showing jurisdiction are set up in the counter-affidavit, the objections are properly overruled and the evidence should be heard.</p> <p>3. If upon the trial it appears that the court has no jurisdiction of the person of the defendant, and of the contract sued on and objection be made on that ground, a nonsuit should be granted • under section 4726, Revised Statutes.</p> <p>(Syllabus by the court.)</p>