Middleton v. Harris

Middleton sued Hams in replevin before a justice of the peace. The affidavit on which the writ issued, and which was also filed as the cause of action, stated the value of the property detained to be $50.00, and laid the damages at the same sum. There was a trial on the merits before the justice, and a judgment for the defendant. The plaintiff appealed. On the calling of the cause in the Circuit Court, the defendant moved to dismiss the suit. The motion prevailed, on the ground that more than $20.00 being claimed in damages, *426the justice bad no jurisdiction of the cause". Judgment against the…