112 P. 807 | Utah | 1910
A writ of certiorari was obtained in the district court to review tbe proceedings of a justice’s court and to annul the judgment rendered by it in favor of the plaintiff in a case wherein William E. Forsythe was plaintiff and Neal McMillan was defendant. On a hearing the district court affirmed the judgment of the justice’s court. From the judgment of tho district court an appeal is prosecuted to this court.
A transcript of the justice’s docket and record as-returned and certified to the district court, in pursuance to the writ,, shows, among other things, the docketing of the case “William Forsythe, Plaintiff, v. Neal McMillan, Defendant,”' on the 9th day of February, 1907; that on the same day a 'complaint was filed and a summons issued; that on the 9th day of March, 1907, “summons retumecT claiming (showing) personal service of the defendant of County of Salt Lake;, State of Utah, this 25th day of February, 1907,” by a constable; that on the 11th day of March, 1907, “defendant being duly served with summons and having failed to appear and answer, and the time to answer having expired, upon motion of plaintiff the default of defendant is hereby entered by the courtand on the same day “from the evidence I find the defendant is indebted to plaintiff in the sum of two hundred dollars and thirty cents, including interest. It is therefore ordered and adjudged by the court that plaintiff have and recover from the defendant the sum of two hundred dollars and thirty cents and costs taxed at three dollars and forty cents.” In addition to the return of the transcript of the justice’s record, it was also made to appear by the return, that on the 28th day of February, 1907, which was before default day, the justice received a general and special demurrer to the complaint which was not filed by him but
We think the rulings were right. In the case of Griffiths v. Justice’s Court, 35 Utah, 443, 100 Pac. 1064, we said: “The record itself, as returned by the inferior tribunal or board imports verity, and is deemed conclusive as to all matters or things which are required to be recorded and made of record and may not be aided, contradicted, or controlled by anything dehors the record, nor by statements in the return.” As to- all such matters, the reviewing
We think the ruling announced in the Griffith Case is wholesome, and is supported by the great weight of authority. A different rule would invite strife and cause endless mischief.
We think the judgment of the court below ought to be affirmed, with costs. It is so ordered.