6 Barb. 621 | N.Y. Sup. Ct. | 1849
The only question in this case is, whether the evidence received by the county judge, to contradict the transcript from the docket of Button, of the judgment and proceedings before him in the prior suit between the parties to this suit, was competent evidence. If the transcript was conclusive evidence of the fact stated therein, of the adjournment of the cause, by the consent of the parties, to the 26th of July, 1847, then the evidence received iii contradiction of the statement of that fact in the transcript, was inadmissible.
The want of jurisdiction may always be set up against a judgment of a court, whether of general, or of special and limited jurisdiction, whenever such judgment is sought to be enforced, or any benefit is claimed under it. To give any binding effect to a judgment, it is essential that the court should have jurisdiction both of the person, and of the subject matter. There is, however, a marked distinction between superior courts of general jurisdiction, and inferior courts, or courts of special and limited jurisdiction. As to the former, the intendment of law is that they had jurisdiction, until the contrary appears; but as to the latter, those who claim any right or exemption under their proceedings, are bound to show affirmatively, that they had jurisdiction. (Mills v. Martin, 19 John. 33, 4, Spencer, C. J. Borden v. Fitch, 15 Id. 141, Thompson, Ch. J. 9 Cowen, 229. 19 John. 40. Jackson v. Slater, 5 Wend. 295. 11 Id. 647. 3 Cowen, 208.) In pleading the proceedings of an inferior court, it is necessaiy to state sufficient to give jurisdiction to the court, and on the trial, the party setting up such proceedings must prove the facts giving the court jurisdiction. (6 Cowen, 236. 7 Hill, 24. Frary v. Dakin, 7 John. 78, 9.) If a court, whether of general or limited jurisdiction, undertakes to hold cognizance
But the record of a court of general jurisdiction, of either this or any other state in the Union, if it state facts giving the court jurisdiction, is prima facie evidence to prove the jurisdiction of
If the record of the inferior court omits to state facts necessary to give the court jurisdiction, it is not, without proof of such facts aliunde, evidence for any purpose. (11 Wend. 647. 5 Id. 292. 2 Cowen & Hill’s Notes, 1013. 8 Cowen, 361, 370.) The same rule is applicable to records of judgments of the courts of a sister state, whether of general or limited jurisdiction. (6 Wend. 447.)
Is the docket of a justice of the peace, or a transcript from such docket, in a suit in which the justice acquired jurisdiction of the
A record of a court of record imports absolute verity, and can not be contradicted. It is conclusive proof that the decision or judgment of the court was as is there stated. (1 Phil. Ev. 317.) In Posson v. Brown, (11 John. 166,) it was held that although the proceedings and judgment before a justice of the peace, might not be technically a record, yet parol evidence of them was not admissible, and that the written minutes or evidence of the proceedings must be produced; and that the statute (1 R. L. 398, § 21) . directing the manner in which proceedings before justices of the peace should be authenticated, seemed to regard such proceedings as in the nature of a record. In Pease v. Howard, (14 John. 479,) it was held that an action of debt upon a judgment in a justice’s court, was not barred by the statute of limitations; because, as the judgment was conclusive evidence of the debt, it was a debt by specialty. Tan Ness, J. in that case, says, “ Whether a justice’s court is strictly a court of record it is not material to determine in this case; for if it be not, it is settled that a judgment rendered in it is conclusive evidence of-a debt, and the merits of such a judgment, while it remains in force, can not be overhaled or controverted in an original suit at law, or in equity ; and it is as final, as to the subject matter of it, to all intents and purposes, as a judgment of this court.” In James v. Henry, (16 John. 233,) it was held that a justice’s judgment was equivalent, at least, to a specialty; and that assumpsit would not lie on such a judgment. In Mitchell v. Hawley, (4 Denio, 416,) Beardsley, J. says, the judgment of a justice, in a case in which he has jurisdiction, is “ in the nature of a debt of record it “ is more than equivalent to a specialty; for that may be impeached on various grounds, as fraud or illegality. Such a judgment, however, while unreversed, is, for every purpose, as conclusive, between the parties, as that of the highest court of record in the state.” Since the adoption*of the revised statutes, a justice’s coiut has higher claims to the rank of a court of record, and the docket of a judgment therein to the dignity of a record, than before that
Section 246 (2 R. S. 267) declares that the transcript from the docket of a justice, of a judgment before him, shall be evidence to prove the facts stated in such transcript. Section 21 of the justices’ act of 1813, (1 R. L. p. 398,) declared that the official certificate of a justice of the peace, of the proceedings and judgment in a suit before him, should be good and legal evidence to prove the facts contained therein, and nothing more. In McLean v. Hugarin, (13 John. 184,) it was held that parol evidence was not admissible to contradict a certificate of a justice of the proceedings in a former suit before him, given under the 21st section of the justices’ act of 1813. In Bates v. Conckling (10 Wend. 389,) where a justice’s return, on appeal, stated that four persons were impleaded as defendants, and joined issue in the cause, it was held that evidence on the trial in the common pleas, was inadmissible to show that only two of the defendants were arrested and brought into court. In Van Steenbergh v. Bigelow, (3 Wend. 42, 47,) it was decided that the inquisition made by appraisers under the “ act relative to turnpike companies,” (1 R. L. 230, § 3,) was conclusive as to the facts stated in it relative to their own proceedings. Savage, C. J. in that case says, (3 Wend. 48,) “ By the inquisition the proceedings appear to have been regular; but if they were not, so long as a valid appraisement appears, we will not inquire collaterally into the proceedings of the appraisers. Enough is
In Basten v. Carew, (3 Barn. & Cress. 649,) such a conviction was held conclusive as an answer to an action of trespass against the magistrates. In Brittain v. Kinnaird, (1 Brod. & Bing. 432,) the court of common pleas of England decided that the conviction was conclusive evidence of the facts contained in it. In that case, Dallas, C. J. says, “ It is established by all the ancient, and required by all the modern decisions, that a conviction by a magistrate who has jurisdiction over the subject matter, is, if no defects appear on the face of it, conclusive evidence of the facts stated in it.” The same proposition was advanced in that case by Justices Park, Burrough and Richardson. In Mather v. Hood, (8 John. 50,) it was held that a record of conviction by a justice, under the act to prevent forcible entries and detainers, which showed the justice had juris
The foregoing authorities, it would seem, clearly establish the proposition that the transcript from the docket of a justice of the peace, of a judgment rendered by him, was conclusive evidence of all but jurisdictional facts stated therein. But it is insisted that the evidence received by the county judge in this cause related to the jurisdiction of the justice, and was therefore competent evidence.
This proposition I think cannot be maintained. It is conceded that the justice, Button, acquired jurisdiction of the cause and of the person of the defendant. Having acquired jurisdiction, he did not lose it by erroneously adjourning the cause to the 26th instead of the 22d of July, contrary to the agreement of the parties.
This error, or irregularity, did not render the subsequent proceedings void. The judgment subsequently rendered was a valid judgment until reversed on certiorari. Where an inferior court has acquired jurisdiction it can not lose it by a subsequent error or irregularity. The defendant offered to prove, and proved, that the parties, while the jury were deliberating on their verdict, made an agreement for the adjournment of the cause to the 22d day of July. The defendant neither offered to prove, nor proved, that the justice did not, in fact, adjourn the cause, after the jury came in, to the 26th of July. We must assume, therefore, that the justice did actually, after the jury were discharged in open court, adjourn the cause to the 26th. This assumption is sustained by the offer of the plaintiff to prove that after the 19th of July, and before the 26th, the defendant had notice that the cause was adjourned to the 26th of July; and that the defendant consented thereto. Conceding the fact to be as proved by the defendant, the result is that the
Even in some cases where a jurisdictional question is involved, the judgment of an inferior court is held to conclude the parties. Such cases are where the inferior court is authorized to ascertain and try a jurisdictional fact, and which fact is tried and determined judicially by the court. In these cases the decision can not be questioned collaterally, but can only be reviewed on a writ of error, or certiorari. (2 Cowen & Hill’s Notes, 1016, 1020, 1. 1 Brod. & Bing. 432. 12 Pick. 572, 582, 3.)
I am satisfied that the evidence received by the county judge did not relate to the jurisdiction of the justice, and that it was therefore, for the reasons herein before stated, incompetent evidence to contradict the transcript from the docket of the former-judgment. The remedy of a party who is injured by a false entry of a justice on his docket, or by a false transcript made by him; is by an action against the justice. (8 Cowen, 187.)
The judgment of the county court must be reversed ; and a new trial ordered in that court.
See also Noyes v. Butler, (ante, p. 613.)