36 Neb. 626 | Neb. | 1893
This suit was brought by J. EL Cooley against Gothardt Fischer, on the 17th day of August, 1888, before J. G. ETayzlett, a justice of the peace, to recover the amount due
The contention of the plaintiff in error is, that the justice had no jurisdiction to try the case; in other words, that the postponement of the trial by successive adjournments beyond ninety days from the time of the return of the summons worked a discontinuance of the cause, and ousted the justice of jurisdiction.
Section 961 of the Code of Civil Procedure, relating to continuances before justice courts, provides, in effect, that an adjournment may be had on the application of either party at the return day, or at any subsequent time to which the cause may stand adjourned, for a period not to exceed
While in the case under consideration the trial did not take place before the justice until more than ninety days after the return day of the summons, the record discloses that the cause was continued bysuccessive adjournments until the day upon which judgment was entered, and that each adjournment was obtained, either on the application of the plaintiff in error, or by the consent of both parties. The justice had jurisdiction of the subject-matter, and jurisdiction over the person of the defendant below was not lost by the several continuances, since they were granted upon his procurement or with his consent. He cannot now take advantage of the error or irregularity in the adjournment of the cause. To permit him to do so would be to allow him to reap a benefit from his own acts. The judgment of the district court in affirming the judgment of the justice of the peace is
Affirmed.