2 Colo. 81 | Colo. | 1873
A defect of jurisdiction in an inferior court may be shown under the general issue, and, obviously, it may be pleaded in bar of the action. Thomas v. Winters, 4 Blackf. 161; 1 Chitty’s Pl. 442. Indeed, Mr. Chitty says that where the court has no jurisdiction at common law, the want of jurisdiction is not properly the subject of a plea in abatement; and the court of a justice of the peace, under our statute, appears to be of that description. The pleas interposed in the district court conclude in bar, and, although the commencement appears to be in abatement, the subject-matter of the pleas may be allowed to give character to them. Gould’s Pl., ch. 5, § 149.
As the want of jurisdiction may be given in evidence, under the general issue, there can be no reason for discour, aging the practice of pleading it specially ; and, as the plaintiff would not be entitled to final judgment upon'demurrer sustained, the distinction to which Mr. Gould refers should not be applied. We are, therefore, inclined to consider the pleas as in bar of the action, and, upon general demurrer, sufficient in form.
. As to the matter of the pleas, the defense was unquestionably good before the justice, for, by section 103 of the justices’ act (R. S. 418), it is expressly provided that suit shall be brought in the township where the debtor resides, unless
The judgment of the district court is affirmed, with costs.
Affirmed.