Williams v. Rice

• Decision Date: 02 October 1894
• Citation: 60 N.W. 153,6 S.D. 9
• Parties: WILLIAMS v. RICE.
• Court: South Dakota Supreme Court

60 N.W. 153

6 S.D. 9

WILLIAMS v. RICE.

Supreme Court of South Dakota

October 2, 1894

Syllabus by the Court.

1. While the docket of a justice of the peace should, and will when kept in the manner required by law, contain a record of all facts essential to the jurisdiction of such court, an authentical transcript of a judgment rendered in justice court is not void, although it fails to show jurisdictional facts, and is in the following form:

"Territory of Dakota, County of Hamlin--ss.: Justice Court. Before J. R Taylor, Justice of the Peace. W. H. Williams, Plaintiff, vs Easton O. Rice, Defendant. Defendant failing to appear, I therefore render judgment in favor of the plaintiff and against the defendant in the sum of one hundred dollars and costs in this action. Judgment rendered March 10th, at 8 o'clock p. m., A. D. 1886, for plaintiff for $100.00 costs, $16.50; cost of transcript of judgment to be added, $1.00; total, $117.50."

"Territory of Dakota, County of Hamlin--ss.: I, R. J. Taylor, a justice of the peace, hereby certify that I have compared the foregoing with the original entry of judgment rendered by me in the above-entitled action, and that the same is a correct transcript therefrom as appears from my docket. Given under my hand this tenth day of March, A. D. 1886. R. J. Taylor, Justice of the Peace for Hamlin County, D. T."

2. A judgment of a justice of the peace, a transcript of which is entered and docketed in the circuit court, thereby becomes a judgment of such court, and may be enforced by execution in the same manner and for the same length of time as a judgment originally rendered in said court.

Appeal from circuit court, Hamlin county; A. W. Campbell, Judge.

Action by W. H. Williams against Easton O. Rice, a certified copy of the judgment wherein was filed in the circuit court. From an order granting leave to issue an execution on said judgment, defendant appeals. Affirmed.

Julian Bennett and M. E. Sheldon, for appellant. P. C. Truman and A. S. Mitchell, for respondent.

FULLER J.

On the 10th day of March, 1886, respondent procured a judgment against appellant in a court of a justice of the peace, which, as shown by the certified transcript thereof filed in the circuit court two days thereafter, is as follows:

"Territory of Dakota, County of Hamlin--ss.: Justice Court. Before J. R. Taylor, Justice of the Peace. W. H. Williams, Plaintiff, vs. Easton O. Rice, Defendant. Defendant failing to appear, I therefore render judgment in favor of the plaintiff and against the defendant in the sum of one hundred dollars and costs in this action. Judgment rendered March 10th, at 8 o'clock p. m., A. D. 1886, for plaintiff for $100.00; costs, $16.50; cost of transcript of judgment to be added, $1.00; total, $117.50."

"Territory of Dakota, County of Hamlin--ss.: I, R. J. Taylor, a justice of the peace, hereby certify that I have compared the foregoing with the original entry of judgment rendered by me in the above-entitled action, and that the same is a correct transcript therefrom as appears from my docket. Given under my hand this tenth day of March, A. D. 1886. R. J. Taylor, Justice of the Peace for Hamlin County, D. T."

More than five years having elapsed before execution issued, an application on due notice to appellant was made to the circuit court, pursuant to section 5111 of the Compiled Laws, for leave to issue an execution on said judgment, and, from an order granting such leave, defendant appeals to this court.

Section 5108 of the Compiled Laws is as follows: "A justice of the peace, on the demand of a party in whose favor he shall have rendered a judgment, must give a certified transcript thereof, which may be filed in the office of the clerk of the circuit court of the county or subdivision in which the judgment was rendered, and such clerk must thereupon enter such judgment in the judgment book, and upon the judgment docket; and, from the time of the docketing thereof, it becomes a judgment of such circuit court, and a lien upon real property, and a certified transcript of the docket of such judgment may be filed, and the judgment docketed accordingly, in any other county or subdivision, with the like effect in every respect as if the judgment had been rendered in the circuit court where such judgment is filed." Counsel for appellant contend that the transcript filed in the circuit court does not show that the justice of the peace had any jurisdiction to render the judgment, and that an execution can, in no event, issue upon a judgment rendered by a justice of the peace after five years from the date of its rendition. While the docket of a justice of the peace should, and will, when kept in the manner required by law, contain a record of all facts essential to the jurisdiction of such court, a judgment, properly entitled, that states the amount thereof, including costs, and the time when rendered, seems to meet the requirements of section 6123 of the Compiled Laws, and a transcript of such judgment filed in, and thereby made a judgment of, a court of general jurisdiction, in which the entries that are required to be made in the records thereof are at least prima facie evidence of what they contain, is not void because it fails to expressly show the jurisdiction of the justice of the peace in whose court such judgment was rendered, and the burden of showing a want of jurisdiction is upon the party raising the question.

The decisive question in Atchison v. Rosalip, 3 Pin. 288, was the sufficiency of the following transcript of a judgment filed in the district court: "Enos S. Baker vs John Atchison, E. W. Washburne, Garnishee. Damages, $50; costs, $15.96,--$65.96. Transcript from Justice Tompkins. Filed Dec. 27, 1843." The court says: "Had the proof rested here, there would be no doubt that prima facie a valid judgment was made out. A transcript from the docket of a justice of the peace in this form is substantially sufficient to warrant the clerk of the court in entering the judgment required by statute. It is not necessary that the transcript should show the jurisdiction of the justice. All this is presumed in the first instance." In Jackson v. Tuttle, 9 Cow. 233, a transcript of a justice's judgment, filed in the following form, was held sufficient to bind land,...