Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-03-19

defendant iu 1919 Cottonwood pre.
ciuui outside OF the cry Uf Salt Lake.
The defendant nluI general dpuinI
ami alleged that the court hal no
IurIa lic'iIu uvus the ugrspu OF tnu lp.
ieuIaf tnuI That the defendant resIipu
IB Big Cottonwood pr,ctc', sat
Lake county, ut when place tue
rumm1uH Wus HpIveu, that there wac
Hu aCiinr Justice ~ the puaCs residing
10 said precinct, aud the money turd
lr was payaIU--lf nt Hli-in Biz
Cottonwood precinct UrJn tho hiur
ituuh answer tie case was tttir
trial.
Ga tho trial testimony was Offered
showing that the iCadeuur OF The
plaintiff was Ut Big Cottonwood pre-.
ciuoIgt which place the SUNNI Iua was
served, aud that there was an acting
lusti,o 0i the peace residing in taiu
precinct. ThottuIOn the dtiruduupa
attorney moved o. dismiss the
action ns tho court had np jurls.
ulcilon 60 To- the UalU. IhIs
mJ.ion was ovo.mIui nnI Judgment
rendered iot the plaintiff. WhufuuI Oh
defendant appealed 90 the distfc!
court. The clsu was tried iu the ThifI
.H.'NAANN H"NA|H 4" ~ ~ NNNHHNNNNNN " nv
given showing tho Iurtrpt upIu tho
answer o. boz tue. 10 HpluuH from iuch
tcstimuuy taken OH the Trial that the
IUituJaut wasu rtElJuut0 Of Big Cotton.
Wool precinct and that there was nu
acting Justice OF the pence frttiing la
said precinct at the time the summons
was served and that the transcript
showing the proceedings IN Clur, be.
low was correct The court 0vcffulci
the objection and orItred a verdict Tor
plalnuu.
Under section 1857, G. L.lsss, sut.
divisions and %, "aciJus Boa justice
courts must lee commenced anu tried
boz ihr precinct or Ciiy Ina which the
Defendant ro.ides. n there 10 no lus.
ticu G. urt Tor tho Precinct OF city iu
which tue lricuiaut resides, then 1t
may uc clmmUucpd nui THEA In uuy
precinct Or city OF tru county I'm when
the defendant resides.
Subdivision . OF section $685. pc.
vid,H"that Judgment that the action BIZ
iitmifsel without ufriuIisr 10 now
action may be- entered with cost. whtn
10 10 objected at the tfA ami npprar-
by tho evidence that the action b.
brought lu thr wr0ug county, precinct
ur city; but u the objection ls taaguuud
oyufrulcd, u T. cause offrvrtsal only on
appeal, anu q Cs not uthcra Isc invali.
dale tAo lui lmcui. ltuUt taken nj the
Trial 10 iH wmvud.n
Section 5000 G. l.. 1858, among other
matters provides tuat on appeal 10 the
dlttrici court, either party may have
the bcuufitOf all legal objections made
% Justice court.
Uudur the laoia ia this case a. stated
hud under those provisions Of thu
ttRiutu referred 90, the commissioner
should have dismissed the action; and
on appeal the district court sh0ull have
reversed the Judgment below nud dts.
missed the case. The objection 10 the
Jurisdiction Of the court over the case
was made la time aud tn the manner
provided by section 8j1j Of tuf statute.
Tho proof was conclusive upon both
trials that the defendant resided
nud was served with process out
OF tins Jurisdiction OF the com.
missioner, nnd that conn clout acting
Justice Of the peace resided la the same
precinct whore the Defendant resided
at the tint; the proofs AMI return OF
tbs commits Onof were preserved aud
NN'ANhaNAa AN wv AANhAANN ANANNH NHN
evidence upon both trials supported the
Allegations IN The answer Ui want OF
lufhdiction IN the court The objection
having bcun taken and Ovrffulpd was
gtouud for reversal on appeal, rapuCi.
ally whom the came evidence was then
produced under ihu complaint, anu u
was not necessary Tor the defendant TO
appear especially 10 make tho
motion; hr could raise Il by nu.
swer ut this trial aud prove Il
uy conf eient evidence II the trirl, us
especially provided by section 1895
sub. 4. II there was no answcr OF
defense or evidence put IN, II could
hardly be tnil that There was n trial.
Section 1850 gives either party tho
benefit OF nll legal objections made Lt
the trial before the Justice.
To place a different construction
upon these provisions OF the statute
would be- T. allow Justice " the
peace 10 hold Jurisdiction over Rnd try
cases arising many other precincts Of
the county OF territory than where tho
deicHdaut resided, aud therefore auuul
the statute referred 10.
KlOpensluin VI Wolf Q Utah, igB.
Sanders yb Is o Guy Nursery, q Utah,
iSl. Jolly ". Polts 80 chi, a2l.
CoreghlnO VI Third District court, s
Utah, 45j.
A commissioner has only the same
power us aud Jurisdiction as n Justice
Ut the peace. People VI Hill, 10 psc,
Rep iJ6.
TheIc arc other objections appearing
OF record but We do not deem Il nuces-
shTy 10 consider them.
The judgment OF the court below IA
set aHi1r aud the case dismissed at
plaiutin's cost
Judges Barich aud Smith con.
CURED.