Fisher v. . Bullard

Clark, J.:

This was a civil action, begun before a Justice of- the Peace in Cumberland County against a defendant residing in said county, to recover the penalty of $50, incurred under The Code, §§ 52, 53, by any one setting fire to any woods not his own property. The woods burnt lay wholly in Sampson. The defendant moved to dismiss for want of jurisdiction, which was refused, and judgment given against him. On appeal to the Superior Court, the motion was renewed in that Court on the same ground and allowed.

The Code, § 871, forbids a Justice to issue process to any county other than his own,…