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1 Utah 191

White v. Seely

Utah Supreme Court

Decided January 15, 1875

Utah Supreme Court · decided 1875-01-15

<p>No Jurisdiction by Consent. — Parties cannot by consent give the Court juris» diction of a cause over which it would otherwise have no jurisdiction.</p>

Decided 1875-01-15

Boreman, J.,

¶1delivered the opinion of the Court.

¶2This is a suit originally brought in the. District Court tor $111.05. The Defendant demurred to the complaint upon the ground that the District Court had no jurisdiction to render judgment for that sum. The demurrer was overruled; and to reverse this judgment of the Court below, overruling the demurrer, the Defendant appeals to this Court.

¶3There is, perhaps, no disagreement among the members of this Court as to whether the District Court had jurisdiction to render judgment for the sum sued for, yet as the order of the Court overruling a demurrer is not an appealable order, this Court does not have jurisdiction to decide the case, and consent of parties cannot give such jurisdiction.

¶4The appeal should be dismissed.

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