County court

“ With the county court also is generally associated probate jurisdiction, which is exercised in some of the eastern states by a special officer known as the surrogate, who may be a judge as in New York, or a purely ministerial officer, as in New Jersey.
Legally the judiciary is more nearly a part of a state system than any other branch of the county organization. The decisions of the judges are of course subject to appeal to a higher state court—that is an important form of control. Sometimes, as in California, a part of the salary of the county judge is paid from state funds. ”

“ For many years it has been the practice of parliament to throw on the county court judges the duty of acting as judges or arbitrators for the purpose of new legislation relating to social subjects. It is impossible to classify the many statutes which have been passed since 1846 and which confer some jurisdiction, apart from that under the County Courts Act, on county courts or their judges. ”

“ Conceding that it was not in the power of the Territorial legislature to confer judicial authority upon any other courts than those authorized by the organic law, and that it was not within its competency to organize county courts for the administration of justice, we cannot doubt the right of the Territorial legislature to associate select men with the judge of probate, and to call the body thus organized, a county court, and to require it to make lists of persons qualified to serve as jurors. ”

“ But we cannot yield assent to the proposition, that the jurisdiction of the county court could not be questioned, when its proceedings were brought collaterally before the Circuit Court. Where a court has jurisdiction, it has a right to decide every question which occurs in the cause, and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are nullities ”

“ Whether a man shall be tried in the county where the offense was committed, or carried to some other county, perhaps hundreds of miles distant, is a matter of much consequence; it is of the venue of the trial. Whether he shall be tried by a jury summoned by the marshal of the United States from the whole territory, or from a section of it, amounting possibly to one-third of its extent, or by a jury of the county in which the act was done, by the sheriff of the county, is of much moment to him ”

“ If the direction of the legislature had been imperative on the county court to enter the order submitting the question of subscription to the people, there would be little difficulty in determining this question; for, if the county court had been deprived of all discretion, and compelled to obey a mandatory act, it would be immaterial whether the county court, composed of the justices or the county judge, made the order, as either or both must obey. ”

“ Every allowance of a claim by the county is a judgment; and unquestionably, when an appeal is prosecuted from the action of the county court in allowing or rejecting a claim, the decision of the appellate court is a judgment ”

“ These principles being established, it is equally clear, upon authority and reason, that the writ will never lie to a court having cognizance of the cause, or jurisdiction of the subject matter, on a suggestion of erroneous proceeding. The rule at common law is, that no prohibition lay to an inferior court, for matters arising out of their jurisdiction, until that matter had been pleaded, and the plea refused. In the present case, the county court unquestionably possesses jurisdiction over the subject matter, and therefore the writ will not lie, and this application must be denied. ”

“ Whatever the defects of the County Court may be, it is essentially a popular tribunal. It is interesting from many points of view, and not more so to the legal student than to the student of human nature. Probably nowhere are more curious and varied types of humanity to be observed than those gathered together at a busy County Court. ”

“ The mandamus applied for in that case was one 'requiring the county court and the justices thereof to direct the clerk of the county to draw a warrant on the county treasurer for the balance of the judgment remaining unpaid, so that he might be enabled, on its presentation, to have it paid in its order out of the county treasury,' and there was no fund out of which the payment could be made, except that raised by taxation for ordinary county uses. By the judgment of this court, such a mandamus was awarded. ”

“ For the County Court in country districts has become a tribunal whose decisions enter, as it were, into the very life of the people. It is not concerned with a few important cases only; it has to arrange and finally settle what are really household affairs. Take any village, and make inquiries how many householders there are who have not at one time or other come under the jurisdiction of the County Court? Either as Plaintiff, or Defendant, or as witness, almost every one has had such experience, and those who have not have been threatened with it. ”

“ Any municipality or county which so applies shall be required to provide the appropriate physical facilities in which the county court may hold court. (10) All courts except the supreme court may sit in divisions as may be established by local rule approved by the supreme court. (11) A county court judge in any county having a population of 40,000 or less according to the last decennial census, shall not be required to be a member of the bar of Florida. (12) Municipal prosecutors may prosecute violations of municipal ordinances. ”

“ In No. 624, the constitutional attack was directed to a state statute dealing with matters of local concern-the apportionment and districting for one county's governing board. The statute is not a statute of statewide application, but relates solely to the affairs of one county in the State. The fact that state officers were named as defendants cannot change the result. ”

“ Where no office legally exists, the pretended officer is merely a usurper, to whose acts no validity can be attached; and such, in our judgment, was the position of the commissioners of Shelby county, who undertook to act as the county court, which could be constitutionally held only by justices of the peace. ”

“ But that court has never decided that a county in Illinois is exempted from liability to suit in National courts. It is unnecessary, therefore, to consider what would be the effect of such a decision. ”

“ This writ commands the sheriff to call the defendant in his county-court, where all the persons of the county are supposed to have business, or at least some that can inform him might have. The words are, We command you that you cause such a one to be required from county-court to county-court, until, according to the law and custom of our realm, he be outlawed if he doth not appear. And if he do appear, him to take, and safely keep, and so forth. ”

“ Whether, if county bonds are issued in Missouri by a de facto county court, and are sealed with the seal of the court and signed by the de facto president, they can be impeached in the hands of an innocent holder by showing that the acting president was not de jure one of the justices of the court. ”

“ Circuits shall be regularly held every year; the inferior tribunals of justice, the county court, sheriff's turn, and courtleet shall meet at their appointed time and place; the sheriffs shall be incapacitated to hold pleas of the crown, and shall not put any person upon his trial, from rumor or suspicion alone, but upon the evidence of lawful witnesses. No freeman shall be taken or imprisoned, or dispossessed of his free tenement and liberties, or outlawed, or banished, or anywise hurt or injured, unless by the legal judgment of his peers or by the law of the land ”

“ The three-judge-court statute, 28 U.S.C. § 2281, speaks of 'the enforcement, operation or execution of any State statute.' A city ordinance or a county regulation does not meet that requirement, and so the county regulations involved in Moody did not satisfy the statute though enacted by the State. If the source of the authority is state action, the statute is presumably satisfied, since normally of course, state laws have an impact on activities in every city and every county. ”

“ Plaintiff in error is not impleaded as a taxpayer nor does he defend as such. He is sued as a county officer and defends by virtue of the exercise of his functions as a county officer. In other words, he defends by virtue of laws of which he is an instrument. ”