The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-08-21
LACKS JURISDICTION.
JUSTICE NELSON so DECIDES
IN A CASE OF ISLANDER
Brought By Hilda Isaacson Against
Christina Carlson-Suits Filed In
the District Court.

Justice c. NJ. Nelson yesterday de-
livered judgment in the SANDER suit
of Hilda Isaacson VS.. Christina Carlson,
in which his honor sustained the de-
| PENDANTS demurrer and dismissed the
case on the ground that a justice of
| the peace lacks jurisdiction in mat
tiers of injury to the character and rep
utation. The opinion delivered by his
honor is as follows:
1.-The plaintiff in this case alleges:
That on the 9th day of July, 1898, at the
premises of Joseph w. Taylor, on West
Temple street, Salt Lake City, Utah,
the defendant, in a certain discourse
that she had with the said Taylor, and
in the presence of him and divers per-
sons, spoke the following words about
plaintiff:
Mrs. Isaacson has been intimate
with other men, and has Guarreled with
her husband about it, and wanted to
get rid of her husband: and it is ru-
mcred that she gave him poison to get
rid of him, from which he died.
That all said words were false and
defamatory, ETC., etc.
ITO this defendant has entered a gen.
eral denial, and subsequently filed a
motion in this court to dismiss the
complaint for want of Jurisdiction in
/ This question as to the jurisdiction
of the justice of the peace to try a
case of this kind has never been passed
uron by our supreme court, and, conse-
! Quently, this court must conStrue the
provisions contained in our statute
bearing upon the question of the juris-
diction of the justice of the peace, in
order, if possible, to arrive at the true
meaning OF our statute, and the n
tention of our legislature as to the
powers they contemplate comforting
! upon a justice of the peace.
In all states the justice of the peace
| is a judicial officer to try causes aris-
ing between parties residing in the pre-
Cnct or cities where said justice is
elected, within certain limitations pre-
scribed in the statute. The Justices
court, being a court of peculiar AID
limited jurisdiction, cannot exercise any
powers by implication, but must follow
the provisions of the statute strictly
THE revised statutes of Utah, section
6SS, provides: That the justice of the
peace shall have civil Jurisdiction with
in their respective precincts and cities,
in actions arising on contract for the
recovery of money only, if the sum
claimed is less than $780, Also, in ac-
UOns for damages for injury to the
person, ETC., etc.
''As to whether the legislature in
tended to confer jurisdiction on the
justice of the peace to try cases of
SANDER, must depend upon the mean
ing of these words already referred to
in the statute
What character of injury to the per-
sen does the statute contemplate? Libel
and SANDER, according to Blackstone
and other elementary writers, are in
fractions of the rights of personal Sc
curity, and are treated by them under
the general denomination of injuries
affecting the rights of the person.
The rules for the construction of the
statute require that the words employ
ed by the legislature shall be taken in
the ordinary and popular acceptance,
unless technical words are used, and it
clearly appears from the text that they
We're not so intended to be understood
IF, then. we give the words of the
statute the fair and ordinary meaning
usually attached to them, 1 am of the
opinion that the construction to be put
upon them would be that our legisla-
ture never intended to confer upon the
justice of the peace the Jurisdiction to
try cases where libel and SANDER is al
legged IL the complaint.
And am of the opinion that the
motion filed by the defendant herein to
dismiss the plaintiffs complaint is well
taken, and the action will, accordingly,
be dismissed