Madsen v. Kenner

• Decision Date: 15 November 1884
• Citation: 4 P. 992,4 Utah 3
• Court: Utah Supreme Court
• Parties: A. C. MADSEN, RESPONDENT, v. F. R. KENNER, APPELLANT

4 P. 992

4 Utah 3

A. C. MADSEN, RESPONDENT, v. F. R. KENNER, APPELLANT

Supreme Court of Utah

November 15, 1884

APPEAL from an order of the district court of the first district reversing upon certiorari, a judgment of the court of a justice of the peace.

Writ dismissed.

Messrs Darke & Kenner, for appellant.

Mr Jacob Johnson, for respondent.

TWISS J. EMERSON, J., concurred. ZANE, C. J., took no part in the decision.

OPINION

TWISS, J.:

This is an application for a writ of certiorari to review certain proceedings of the defendant Kenner, a justice of the peace, in San Pete county.

The application alleges that complaint by one Martin Hansen was made on the 24th day of May, 1883, "in the justice's court, Manti city, San Pete county, Territory of Utah, before F. R. Kenner, justice of the peace," charging the plaintiff with the crime of assault and battery.

The defendant on the same day issued a warrant commanding the officers to whom it was directed, to bring Madsen before him at his office, in the town of Manti city, in said township, "dated at Manti city, in said township," and signed "F. R. Kenner, justice of the peace of said township."

The plaintiff was arrested and brought before the defendant "In the justice court, Manti city," and pleaded not guilty, he was represented by counsel and waived a trial by jury; witnesses on the part of the prosecution and the defense were sworn and examined.

The record contains the following item of May 25th:

"Parties present; court ordered adjudged and decreed that the defendant pay a fine of $ 50.00 and costs of court, $ 26.65, and in case of his failure to pay such fine and costs to be confined in the county jail at the rate of one dollar per day until such fine and costs are paid."

A commitment was issued entitled as follows: "In the justice court, Manti precinct, County of San Pete, Utah Territory." "The people of the Territory of Utah against Christopher Madsen, convicted of assault and battery," containing the usual recitals, but the record does not show that it was signed by anyone. On the same day, May 25, 6 o'clock p. m., the fine and costs were paid and the "prisoner released."

Upon these facts appearing of record the plaintiff claims that the action against him having been commenced in the justice's court, of Manti city, and it not having been removed therefrom, the justice's court, of Manti precinct, had no jurisdiction of the...