Gard v. Butterfield
Gard v. Butterfield
Opinion of the Court
The following opinion was filed February 21, 1911:
The superior court set aside its former judgment in the action on the ground that it acquired no jurisdiction of the cause because the record failed to disclose the value of the property involved in the litigation. The contention of the appellant is that under the law there is a presumption that this court had jurisdiction and hence its
From these conditions and circumstances it is evident that the legislature intended to create a court with powers and jurisdiction in this county the broadest permissible under the constitutional ’provision (art. VII, sec. 2) authorizing the legislature to establish inferior courts in the several counties of this state with limited civil and criminal jurisdiction. The limitation on its jurisdiction as compared with circuit courts is the limit above specified as to the amount in controversy. In its organization and manner of procedure and general character as a court it is very like the circuit court. In its scope and functions it nearly approaches a court of unlimited jurisdiction. It is a reasonable inference that any cause of the class included within its jurisdiction arising within the county will not exceed in amount the limit to which its jurisdiction is restricted without such fact being made to appear on the record. These facts furnish a foundation for the presumption that the legislature intended that this court, of such broad and comprehensive powers, was to-be regarded as a court of general jurisdiction in the, legal sense, and in that respect was to be classed with the circuit, courts of the state. Of such courts, it is universally declared that every presumption not inconsistent with the record is to be indulged in'favor of jurisdiction, and the record in a cause or proceeding need not set forth the facts and evidence showing affirmatively that the controversy adjudicated is within such jurisdictional field. The judgment of such a court is evidence that the court had jurisdiction of the cause in which it was rendered.
The respondent contends that the rule of State ex rel. Child v. Smith, 19 Wis. 531, is applicable here. In that case the county court of Milwaukee county had jurisdiction conferred upon it in actions at law and in equity, providing the amount in controversy in any action did not exceed $20,000. It is
AVe are constrained to hold that the court erred in holding that it acted without jurisdiction in the action and in directing that the order for the service of the summons, the summons, and the judgment in the action be vacated and set aside.
By the Gowrt. — The order appealed from is reversed, and the cause remanded with directions to enter an order denying the defendants’ application.
The respondents moved that the above mandate be so modified as to direct the trial court to hear and decide a motion, addressed to its discretion, to relieve the respondents from the judgment and permit them to answer, even though a year may have elapsed since they had notice of the entry of the judgment, under the provisions of secs. 2831, 2832, -Stats. (1898).
The motion was denied May 2, 1911.
Reference
- Full Case Name
- Gard v. Butterfield and others
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- Published