Legal Opinion

Guard v. Circle

Indiana Supreme Court

Decided June 13, 1861PublishedCited by 8 opinions

APPEAL from the Gass Circuit Court.

1Opinion of the Court

Per Ouriam.

Suit commenced before a justice of the peace, on an account. Damages claimed, $99. Answer, by way of set-off, claiming judgment for $100. The case went by appeal to the Circuit Court. Judgment for the plaintiff’, for a fraction over $80. No exceptions were taken in the cause. It is said the justice had not jurisdiction ; but jurisdiction, as to amount, in a given cause, is determined by the amount of damages claimed in the conclusion of the complaint. The Inhabitants, &c. v. Weir, 9 Ind. 224.

L. Chamberlain and J. Guthrie, for the appellant.

The judgment is affirmed, with 5 per cent,…

2Cases cited1 opinion

  1. Inhabitants of Congressional Township No. 11 v. WeirIndiana Supreme Court · 1857

3Cited by8 opinions

  1. Caffrey v. DudgeonIndiana Supreme Court · 1872
  2. Mays v. DooleyIndiana Supreme Court · 1877
  3. State ex rel. Conn v. ForryIndiana Supreme Court · 1878
  4. Elgin v. MathisIndiana Court of Appeals · 1894
  5. Breidert v. KruegerIndiana Supreme Court · 1881

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