3 Wend. 267 | N.Y. Sup. Ct. | 1829
By the Court,
This being an action of debt upon a justice’s judgment rendered in the state of Pennsylvania, it was incumbent upon the plaintiff to shew that the magistrate had jurisdiction of the subject matter of the suit as well as of the person of the defendant. Courts of justices of the peace are not courts of record.. They do not proceed according to the course of the common law. (1 Johns. Cas. 20. 3 Johns. R. 429.) They are confined strictly to the authority given them by statute, and can take nothing by implication, but must show their authority in every instance, and must comply with' the forms prescribed by the statute creating them. (1 Johns. Cas. 228. 1 Caines’ R. 191, 594, n. a. 3 Caines’ R. 152.) A court of general jurisdiction is presumed to have acted in each particular case by competent authority, and its records are evidence not only of its acts but of its jurisdiction. (Wheeler v. Raymond, 8 Cowen, 311.) But the rule is different in relation to inferior courts; their jurisdiction must always be shewn. (Mills v. Martin, 19 Johns. R. 33, and cases there cited. Borden v.
New trial granted.