Bainum v. Small

Bainum sued Small, in trespass, before a justice of the peace. The declaration contains two counts, each of which concludes in damage to the amount of 50 dollars. Motion before the justice to dismiss the suit overruled, and judgment for the plaintiff. The defendant appealed.

In the Circuit Court the defendant moved to dismiss the suit, for the reason that the cause was not within the jurisdiction of a justice. The Court sustained the motion and dismissed the suit. Judgment was rendered for the defendant.

The first count in the declaration concludes, “ to the damage of the said plaintiff of the…