99 P. 342 (N.M. 1908), Douthitt v. Bailey

• Citation: 99 P. 342, 14 N.M. 530, 1908 -NMSC- 026
• Opinion Judge: MILLS C.J.
• Party Name: DOUTHITT v. BAILEY.
• Attorney: J. M. Hervey, for appellant. U. S. Bateman and D. C. Griffith, for appellee.
• Judge Panel: McFIE, PARKER, ABBOTT, and MANN, JJ., concur. POPE, J., having tried this case below, took no part in this decision.
• Case Date: September 02, 1908
• Court: Supreme Court of New Mexico

Page 342

99 P. 342 (N.M. 1908)

14 N.M. 530, 1908 -NMSC- 026

DOUTHITT

v.

BAILEY.

Supreme Court of New Mexico

September 2, 1908

Rehearing Denied Jan. 12, 1909.

Syllabus by the Court.

A justice of the peace who refuses to allow an appeal, when a good and sufficient bond is tendered, even when the person desiring to take the appeal had pleaded guilty before him, may be sued under section 3308, Comp. Laws 1897, for the refusal to grant the appeal, and the penalty described in that section may be recovered from him.

[Ed. Note.-For other cases, see Justices of the Peace, Cent. Dig. § 45; Dec. Dig. § 27. ^[*]]

A justice of the peace who sits in a case in which he has not jurisdiction, or who exceeds his jurisdiction, cannot justify his refusal to grant an appeal, when a proper bond is tendered, on the ground that he had no jurisdiction to hear and determine the case.

[Ed. Note.-For other cases, see Justices of the Peace, Cent. Dig. § 45; Dec. Dig. § 27. ^[*]]

Appeal from District Court, Chaves County; before Justice Wm. H. Pope.

Action by Elgin Douthitt, by next friend, Thomas J. Douthitt, against Joshua B. Bailey, under Comp. Laws 1897, § 3308, for a refusal by Bailey, as a justice of the peace, to grant an appeal. Judgment for plaintiff, and defendant appeals. Affirmed.

Elgin Douthitt, a minor, was arrested on the charge of having put staples into the well of J. A. Browning, so that the pump in said well would not work. He was arrested on a warrant issued by the appellant, Joshua B. Bailey, a justice of the peace for precinct No. 2 of Chaves county, and was brought before the said justice for trial. On being arraigned he pleaded guilty, and was fined by the said justice in the sum of $50 and was sentenced to jail for the period of three months. From this judgment of the justice of the peace appellee prayed an appeal to the district court of Chaves county, and presented a bond, but the appeal was denied, and the appellee was committed to the jail of Chaves county to serve out the sentence which had been imposed. Afterwards application was made to the presiding judge of the district court of Chaves county, who granted an appeal. What became of the case on the appeal is not shown in the record, nor is it material to the determination of this case. Appellee brought suit against the justice of the peace, under section 3308, Comp. Laws 1897, for...