Warder, Bushnell & Glessner Co. v. Raymond

Citations

• 7 S.D. 451
• 64 N.W. 525
• 1895 S.D. LEXIS 97

Syllabus

<p>1. When a strict compliance with all jurisdictional statutory requirements - relating -to taking and perfecting an appeal to the circuit court from a judgment rendered by a. justice of the peace affirmatively appears from the record, the mere fact that the certified copy of the justice’s docket ■transmitted to the circuit court fails to show the receipt of a notice of appeal and filing of an undertaking is not sufficient to divest the circuit court of jurisdiction to hear and determine the case on appeal.</p> <p>2. A justice of the peace is without jurisdiction to hear and determine an action arising on contract for the recovery of money only, where the. amount claimed in the summons exceeds $100.</p> <p>'3. As the amount so claimed, and not the amount recoverable, determines the jurisdiction of a justice of the peace, the question is unaffected by the fact that the collection of a portion of the money claimed in the summons, and stipulated for in the contract upon which suit is brought, cannot be enforced under the statute.</p> <p>(Syllabus by the Court.</p>