¶1decided that the - injunction should be made perpetual, and judgment be accordingly entered upon an examination of the record below, where nothing appeared to show that the Justice of the Court was prevented from hearing and determining the cause, either from sickness, necessary absence, or other disability, or that Justice Castree, of the 4th township, had either jurisdiction of the action, or authority to act in the 1st township, under the section of-the Practice Act applicable to such cases. Jurisdiction and authority to act cannot be inferred ; it must appear by the record, or otherwise ; and in the absence of all proof, the imperative provision of another statute, (Comp. Laws, p. 754, §94,) that a Justice can hold a Court only in his oto township, must prevail.
1 Cal. Dist. Ct. 156
Travers v. Bourdin
Decided August 15, 1857
California District Court · decided 1857-08-15
This was a suit to obtain a perpetual injunction, restraining defendant, Bourdin, and the Justice of the. First District Court, and his sue- cessors in office, from taking any proceeding, or issuing execution .in a certain judgment entered against plaintiff in 'said Court, and. that the judgment be declared void.
Decided 1857-08-15