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Keywords

jurisdictionrespondentwrit of mandamus

contractjurisdictionwrit of mandamus

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Bernardo ex rel. M & K Engineering, Inc. v. Johnson

Facts

The case arose when the New York legislature passed an act on April 11, 1823, to create Wayne County from parts of Ontario and Seneca Counties. The act included a provision allowing justices of the peace appointed in the former counties to continue serving in the new county. The respondent justice, Alexander R. Tiffany, refused to issue an execution on a judgment he had rendered, citing concerns about the constitutionality of the act that allowed him to serve as a justice in Wayne County.

Upon review, the court found that the legislature had the power to enlarge or contract the territorial jurisdiction of the justices and that its power to alter their territorial jurisdiction arose from the constitutional power of creating new counties under N.Y. Const. art. I, 7.

Issue

The main issue was whether the act creating Wayne County, which allowed justices from Ontario and Seneca Counties to continue serving, was constitutional.

The only question for the consideration of the court is, the constitutionality of so much of the Act erecting the Co. of Wayne as provides for the continuance in office of the Justices residing in those towns taken from Ontario and Seneca, now constituting the Co. of Wayne.

Rule

The court held that the legislature has the power to alter the territorial jurisdiction of justices of the peace, as recognized by the New York Constitution, which allows for the creation of new counties.

Justices are undoubtedly county officers for some purposes; but their jurisdiction may be limited or enlarged by the Legislature. The Constitution (art. 1st, sec. 7) expressly recognizes the power of the Legislature to erect new counties.

Analysis

The court analyzed the constitutionality of the act by considering the legislative power to create new counties and the implications for justices of the peace. It concluded that the act did not violate the Constitution, as it merely defined the limits within which the justices were to act, allowing them to continue their roles in the newly formed Wayne County.

The right of the Legislature to extend or limit the jurisdiction of Justices, as to the amount cognizable before them, has never been disputed. Their power to limit or extend their territorial jurisdiction, is, to my mind, equally clear.

Conclusion

The court issued the writ of mandamus, directing the justice to issue the execution on the judgment rendered in favor of the relator.

I am, therefore, of opinion that a mandamus should issue according to the application.

Who won?

The relator prevailed in the case because the court found that the act creating Wayne County was constitutional, thus obligating the justice to fulfill his duties.

The court issued the writ of mandamus directing the justice to issue an execution of the judgment he rendered in favor of relator against an individual.

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