# Rossiter v. Peck

> Massachusetts Supreme Judicial Court · September 15, 1855 · 69 Mass. 538

URL: https://www.frixlaw.com/law-library/cases/6410571

## Case

- **Full name:** Mark Rossiter v. Nathan Peck
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** September 15, 1855
- **Citations:** 69 Mass. 538
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6410571

## Opinion text

By the Court.
The record was clearly insufficient to show a valid judgment. Nothing can be presumed in favor of the *539 jurisdiction, of courts or magistrates, having only a special or hmited jurisdiction; but the burden is upon those, who claim any rights under their proceedings, to show affirmatively that they acted within the limits of their jurisdiction. Piper v. Pearson, 2 Gray, 124 . In the present case, there is nothing to show that the defendant was ever served with process, or had any notice of the acti m in which the judgment was rendered. Prima facie, therefore, the justice had no right to take cognizance of the cause, or to render the judgment sued upon. Brown v. Cady, 19 Wend. 477 . Exceptions sustained.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6410571. Public record. Not legal advice.