The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1891-01-31
Justice OF the Pssoe.

Justice OF hi Pssoe.
The following syllabus of a case decided
BY our state supreme court contains some
pointers for Justices Of the peace:
Whore a Justice of the peace, on the re-
turn OF q verdict, did not enter a judgment
at onoe, embracing tho costs, but on the
CONTRARY adjourned his court without stat
ing whom or whore it would r%eoonvene,
and without rendering judgment::.in the
sction in which tho verdict was returned:
Hold, That such neglect to comply with
the terms of the statute (Com. Laws, SEQ
lions e,lo4 and e,los) operated to disoon-
tinue the action and the justice lost juris-
diotion of the case thereby. Where said
justice of the pesoe in the absence of the
defested party, and at.:the dictation of the
attorney for the successful party, and two
days after said verdict was returned into
bis court pretended 20 tax the costs and
render Judgment, and d~is::enter and write
out in his official docket q pretended judg-
ment, including costs in the action in
which said verdict was returned, which
pretended judgment was regular upon its
fsoe, and was falsely dated as of tho date
upon which said verdict was returned:
Held, Such judgment was null and void,
for the reason that the action in which the
verdict was returned was not epending
when the Justice pretended to tax the costs
and enter Judgment therein. Said pre-
tended judgmet was rendered and written
out in the Justices docket at a time when
said justice was absent from the county in
which he wal elected, and where the trial
took place, and was within an adjoining
county: Held said judgment was illegal
and void, for the reason that o Justice of
the peace cannot lawfully exercise the
functions of his Office outside of the
ty in which he was alected-Seo. 640l,
Comp. Laws.
Hold further that the parties against
whom suoh pretended judgment was en-
tered, are not legally ohargeable with no
tice or knowledge of the existence of such
judgment, or of the date of its entry; o
ere such parties o%hargeable with notice OF
knowledge of the time limited for appeal
from such judgment, nor can laohes be
imputed to the aggrieved parties, n o any
of their legal rights with respect to such
void judgment be lost or impaired on &C
count of their failure to appeal in such
case, if an appeal would be IN adequate
mode of redress.
Aud where it appears that after the en-
try of such pretended judgment in his Off
oisl docket the justice who entered the
same wont out of office and turned over
his docket and all the records in the action
~ hia xaocessor; and that such records did
not disclose, or in anywise suggest, the
facts and circumstances which rendered
the Judgment illegal and void: Hold, thst
tho facts and circumstances presented q
case in which the district court might in
.tts discretion grant a writ of certiorari,
aud in such proceeding might properly
issue the original writ to the justice who
had possession of the records of such &C.
ton, and on the return Of the original writ
into the district court, q supplemental writ
could lawfully issue, in aid of the original
writ, commanding such ex-justice of the
psaoe to fully certify and return as to all
of his proceedings in said action, and par
.icularly as to all facts affecting his juris-
diotion 70 enter such Judgment. If all the
facts appearing by the return to the sup
Elemental writ were material as affecting
tho question of jurisdiction, the district
eoart, in deciding the case, could properly
consider such facts In connection with the
records disclosed by the return to the
original writ.