Miller v. McCray
Illinois Supreme Court
Writ of Error to the County Court of Livingston county; the Hon. Jonathan Duff, Judge, presiding. This suit was originally instituted before a justice of the peace in Livingston county, by Robert Miller, administrator of the estate of William S. Malone, deceased, against Benjamin F. McCray, to recover a sum “not exceeding one hundred dollars.”
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Writ of Error to the County Court of Livingston county; the Hon. Jonathan Duff, Judge, presiding. This suit was originally instituted before a justice of the peace in Livingston county, by Robert Miller, administrator of the estate of William S. Malone, deceased, against Benjamin F. McCray, to recover a sum “not exceeding one hundred dollars.” The cause, was removed into the County Court by appeal, where the defendant appeared and entered his motion to dismiss the suit upon the ground that the justice of the peace who rendered the judgment from which the appeal was taken, had no jurisdiction…
1Opinion of the CourtJustice Lawrence
The only question presented by this record is, whether justices of the peace have jurisdiction in suits brought by administrators against a person not an executor or administrator, where the amount claimed does not exceed one hundred dollars. The 10th clause of the 17th section of the act in regard to justices of the' peace gives jurisdiction “in all actions in which an executor or administrator is plaintiff, or for property purchased at an executors or administrators’ sale, where the amount claimed does not exceed one hundred dollars.” We do not see how, under this clause, the jurisdiction…
2Cases cited1 opinion
- Williams v. BlankenshipIllinois Supreme Court · 1850