Opinion
Appeal from the County Court of Santa Clara County.
The Court below dismissed the appeal of the defendant from the judgment of a justice of the peace, on the ground that the fees of the justice had not been paid; and refused to allow the appellant in that Court to pay the fees, such as the Court might direct, to save dismissal of the appeal. Defendant appealed from the order of dismissal.
COUNSEL
Wm. T. Wallace, for Appellant.
L. Archer, for Respondent.
JUDGES: The opinion of the Court was delivered by Mr. Justice Terry. Mr. Chief Justice Murray concurred.
OPINION
TERRY, Judge
The Court below erred in admitting the decree in insolvency in evidence. It purports upon its face to have been made at Chambers in a different county from the one in which the proceeding was instituted. A discharge under the Insolvent Act is not a mere Chamber order, but the judgment of a Court, and should have been made in the county where the proceeding was instituted, unless changed to another by order of Court.
This objection goes to the jurisdiction, and could properly be raised on the trial below.
Judgment reversed, and new trial ordered.