Sweek v. Galbreath

Thayer, J.,

By the Court, on motion for re-hearing: When the decision was made in this case, in which a re *517hearing is now sought to be had, I was very strongly impressed with the belief that, where a party to an action in a justice’s court was compelled, in order to maintain the action or a defense thereto, to prove title to real • property, he would, if plaintiff, fail to establish his case, and, if defendant, be precluded from proving his defense. The jurisdiction of a justice’s court does not extend to an action in which the title to real property comes in question; and I believed that the…