Sims v. Kennedy

Citations

• 67 Kan. 383
• 73 P. 51
• 1903 Kan. LEXIS 262

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jurisdiction — Justice of the Peace. The jurisdiction of a justice of the peace is purely statutory. Statutes conferring jurisdicton upon justices of the peace are strictly construed, and will not, by construction, be aided or extended by inference or implication beyond their express terms.</p> <p>2. --— Action on Attachment Bond — Effect of Change of Venue. Section 5231, General Statutes of 1901, which provides that, 11 in actions founded upon an undertaking given in pursuance of law in any civil proceeding pending before a justice, such justice or his successor in office shall have jurisdiction thereof where the sum due or demanded on such undertaking does not exceed five hundred dollars,” does not confer jurisdiction upon a justice of the peace, before whom a case was removed on change of venue for trial after the filing and approval of a bond in attachment and the issuance and levy of a writ of attachment, to entertain an action for damages based upon a breach of the conditions of the attachment bond, when the damages claimed are $360.</p> <p>3. -Appeal Does Not Confer Jurisdiction. Where a jus- • tice of the peace before whom an action was brought had no jurisdiction of the subject-matter of the action, no jurisdiction of the cause of action is conferred upon the district court upon the appeal of plaintiff from a judgment rendered in the justice’s court, and such action should be dismissed by the district court.</p>