Ainsworth v. Atkinson

Suit to enforce a mechanic’s lien upon real estate. The amount for which a lien was claimed was less than fifty dollars. It was claimed that, therefore, the *539Common Pleas had not jurisdiction; that the suit should have been brought before a justice of the peace.

J. Perry, for the appellant. W. A. Bielde, for the appellees.

But a suit to enforce a lien upon real estate is in the nature of a suit to foreclose a mortgage, a proceeding in chancery under the former practice, and is not embraced by the section of the code (2 R. S. p. 451, § 10,) conferring civil jurisdiction upon justices. Perk. Pr.,…