1 Mich. 19 | Mich. | 1847
By the court,
The Justice Act of 1.833, in force in 1.837, authorized a jus? tice of the peace to enter judgment by confession for any sum not exceeding $150, provided that such confession be in writing, signed by the person maJcing the same, in presence of the justice or one Qr m>re competent vjitnesses, and every such justice is thereby authorized pg bold 3 WWÍ for (b? trial of ab gijcb actions, and hear, try, and de?
Had the justice in this case jurisdiction of the subject matter of the action, or of the persons of the defendants ? Does this appear affirmatively on the face of the proceedings ?
The record only sets forth “judgment by written confession of the above named defendants, in favor of the above named plaintiff for $88..18, damages and costs of suit.”
It does not appear that suit vras commenced by the plaintiff against the defendants, or that the defendants voluntarily appeared before the justice, or that he ever saw them, or that any writing signed by the defendants in the presence of the justice or one or more competent witnesses, was before him. Nor does it appear what the cause of action was upon which the judgment was entered. And therefore it does not appear whether the claim or cause of action was of such character as that, by the statute, the -justice was .authorized to enter judgment upon it. None of these things being apparent from tbe record or proceedings in the cause before the justice, or in the case certified to this court, can it he affirmed -the justice had jurisdiction of the cause of action, or of the persons -of the defendants ?
In the ease of Borden v. Fitch, 15 John. Rep. 141, the court say: To give any binding effect to a judgment, it is essential that the court should have jurisdiction of person, and of-the subject-matter; and the want of jurisdiction is a matter that may always he set -up against a judgment, when sought to be enforced, or when any benefit is claimed under it. The want of jurisdiction makes it utterly void and unavailable for any purpose.” Mills v. Martin, 19 John. Rep. 33; Willes 199; 2 Har. and John. 130.
The act prescribes the causes in which the justice may act, and cases in which he may not act and is expressly prohibited from acting. Nothing is presumed in favor of jurisdiction; it must be shown affirmatively. In Wight v. Warner, 1 Doug. Mich. Rep. 384, and Clark v. Holmes, id. 390, all the cases are cited', and the doctrine above stated is fully illustrated and enforced. Goodwin, J, in giving judgment in the first case says, “ What is necessary to give jurisdiction must fully ^ppear,”
The statute gives no authority to a justice to render a judgment upon confession except in the section cited. It is the basis of his jurisdiction, it is the foundation on which his judgment must rest. His authority must expressly appear, and that, too, clearly and affirmatively, before faith and credit can be given to his acts,
In the case of Tenny v. Filer, 8 Wen. 569, it appeared that no process was issued, and that defendant did not appear before the justice to confess judgment, but as the justice- was crossing the street the defendant told him to enter judgment against him in favor of the plaintiff in the judgment. The court say, by the act, “ a justice of the peace is authorized to enter judgment by confession of the defendant. The act of 1818 was the same, and under that statute the court laid down the broad principle, that a justice could not legally enter a judgment .unless the defendant appeared in person or by attorney before him, in cowrt, and confessed judgment, or had been duly summoned, as in ordinary cases.”
In this case there may have been a written confession, as in the case of Beach v. Botsford, or as in the case of Clark v. Holmes, or it might have been by letter without being attested; -and as it does not appear how it was done, and 'until it appears that it was done in compliance with the requirements of the statute, it cannot give the court jurisdiction. Besides, it does not appear to have' been entered in a case of which the court had jurisdiction. The plaintiff’s counsel urges that, ,(i as it appears there was a confession in writing, this prima facie gives
The plaintiff’s counsel admitted, on the argument, that the justice was limited as to the kind of actions he might “ try? But it was insisted he might “ taTce a confession in any form of action.” This re-mark was grounded on the fact that a confession was voluntary, and-the parties were not under any compulsion to confess. But it has been decided that consent will not confer jiu-isdiction, particularly as to the' Subject matter to be determined. 8 John. Rep. 409; 13 id. 218; 14 id. 432; 17 id. 471. Where jurisdiction is unqualifiedly withheld,, even consent or the confession of a judgment will not render the pro-ceedings valid, though it would take away a mere error. See the-case of an executor confessing judgment, in 3 Caines’ Rep. 129; and so where a justice, by consent, tries the title to land. Griffith’s Treat. 19, 20; Cowen’s Treat. 11; 6 Wendell 465.
The statute in question, after giving jurisdiction over certain actions by process as well as by confession, provides that the justice shall hear, try, and determine the same. Rendering judgment is a judicial deter-ruination upon the facts presented, and is to be made as well upon a confession of judgment as upon hearing the proofs and allegations of the parties.
Certified accordingly.