Heggie v. Stone
Heggie v. Stone
Opinion of the Court
delivered the opinion of the court.
Under the constitution of 1869, which provided that “a competent number of justices of the peace and constables shall be chosen in each county by the qualified electors thereof, by districts,” it was not in the power of the legislature to clothe the mayor of a town, comprising a part of a district for the election of justices of the 'peace, with the official character and jurisdiction of a justice of the peace for the district outside of the town; and the charter of Maiden, which contains a provision making the mayor ex officio a justice of the peace beyond the territory of the town, was, as to that, inoperative and void. Therefore, this case was not within the territorial jurisdiction of this justice of the peace.
The appearance of the defendant before the justice of the peace in Maiden was not a -waiver of his right to raise the question of the jurisdiction of the justice of the peace in the circuit court. Code of 1880, § 2354, expressly secures this right.
Affirmed.
Reference
- Full Case Name
- I. R. Heggie v. I. B. Stone
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- 1. Constitutional Law. Mayor as ex officio justice of the peace. Jurisdiction. Under constitution I860, providing for the election in each comity, by districts, of a competent number of justices of the peace, it was not in the power of the legislature to_ give the mayor of a town the jurisdiction of a justice as to that part of the justice’s district outside the town. 2. Jurisdiction. Waiver. Appeal to circuit court. Code 1880, § 2354. When, by a town charter, the jurisdiction of a justice for the entire district is attempted to be vested in the mayor, one residing outside the corporate limits, though within the district, who is sued before such officer, does not, by appearing and defending on the merits, waive the right to urge in the circuit court, on appeal, the want of jurisdiction, since ji 2354, code 3880, provides for a trial de novo on appeal, and requires the circuit court to dismiss causes where the justice had no jurisdiction.