Kunz v. Dech

The opinion of the court was delivered by

Swayze, J.

This action was brought in the District Court against a devisee upon the bond of the testator. The only question is whether such an action can he maintained in the District Court.

The jurisdiction of the court is not necessarily excluded because title to land is involved. The restriction upon District Courts in this respect contained in section 30 of the act *38of 1898 (Pamph. L., p. 564) has been removed by later legislation. Pamph. L. 1902, p. 368; Pamph. L. 1908, p. 384; Cranston v. Beck, 41 Vroom 145. The question of the constitutionality of…