Ohio & Mississippi Railroad v. Shultz
Ohio & Mississippi Railroad v. Shultz
Opinion of the Court
This was a suit (originating before a justice of the peace) by the appellee against the appellant, to recover for work and labor. The defense was, that the appellant had been compelled, as garnishee in a. suit before a justice of the peace in Ohio against the plaintiff) to pay the indebtedness there. Without first showing that, according to the laws of Ohio, the magistrate there had jurisdiction of the matter, or that the particular- cause had been brought within his cognizance by such notice as the laws of that State may require, a transcript ©f the proceedings was offered in evidence and excluded. This ruling presents the only question here, and from the appellee we have no argument upon it. On behalf ©f the appellant there comes
It is certain that there was no error in the ruling. It is well settled, that the proceedings of courts of inferior jurisdiction will be deemed of no validity unless their jurisdiction is affirmatively shown.
Judgment affirmed, with costs.
Reference
- Full Case Name
- The Ohio and Mississippi Railroad Company v. Shultz
- Cited By
- 2 cases
- Status
- Published