Travers v. Bourdin

Cal. District Court

Travers v. Bourdin

1 Cal. Dist. Ct. 156

DecidedAugust 15, 1857

StatusPublished

This text of 1 Cal. Dist. Ct. 156 (Travers v. Bourdin) is published on Counsel Stack Legal Research, covering California District Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Travers v. Bourdin, 1 Cal. Dist. Ct. 156 (Cal. Super. Ct. 1857).

Pincite

Opinion

Hager, J.

decided 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.

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Hager, J.

decided 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.

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Bluebook (online)

1 Cal. Dist. Ct. 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/travers-v-bourdin-caldistct-1857.