Miami Exporting Co. v. Brown ( 1834 )

Judge Lane

stated the case, and delivered the opinion of the court, deciding that the authority to take jurisdiction by the common pleas, was dependent upon a notice regularly issued and served in due time upon the defendants. Both these facts must appear in the record as the foundation of the jurisdiction. If they do not thus appear, the judgment is coram non judice. Such being the state of this case, judgment was given for the defendants.