Page:North Dakota Reports (vol. 2).pdf/212

 Warren, 3 Wis. 736; Brown v. Kellogg, 17 Wis. 475; Campbell v. Bacon, 20 Wis. 639; Grace v. Mitchell, 31 Wis. 533; Bramstead v. Ward, 44 Wis. 591. The judgment of the justice was void because it was rendered and the costs taxed in the absence of the defendants, and without any notice to them, at a private office, distant. from the place at which the case was tried. Clark v. Reese, 5 N. J. Law 487. The judgment of the justice was an absolute nullity because it was rendered and entered by him while outside of his territorial jurisdiction. State ex rel. v. Marvin, 3 N. W. Rep. 991; Block y. Henderson, 3 Law. Rep. 325; Phillips v. Thralls, 26 Kan. 790. The judgment of the justice was void because illegal costs were taxed and included in the same. Stokes v. Kerr, 11 Wis. 407. The judgment in this case being an absolute nullity would not support an appeal. Guthrie v. Humphrey,7 Iowa 23; Gillingham v. Jenkins, 40 Hun 594; Harrington v. State, 50 Wis. 68; May ve Dooley, 59 Ind. 287; Morton v. Sawyer, 59 Ind. 587; Harrison v. Sager, 27 Mich. 476. The court of review is not limited to the technical record of the justice, but has authority to require the justice to certify to it any fact or evidence which is necessary to the court of review in passing upon the question of jurisdiction. Blair v. Hamilton, 32 Cal. 50; Whitney v. Board of Delegates, 14 Cal. 550. The district court properly issued the second writ of certiorari to A. W. Kuhn, notwithstanding the fact that at the time he had gone out of office and turned over the records to his successor. Harris v. Whitney, 6 How. Pr. 175; Conover v. Devlin, 15 How. Pr. 470.

The opinion of the court was delivered by

Bartholomew, J. The facts giving rise to this case, briefly stated, are as follows: One A. W. Kuhn was justice of the peace in Norman township, Cass county. An action, properly brought on for trial before said justice and a jury on January 3, 1690, at a point in said township agreed upon by the parties thereto, and in which the petitioner in this case was one of the defendants, resulted in a judgment against the defendants. On March 22, 1890, the petitioner obtained from the judge of the district court of Cass county a writ of certiorari to review said