DeLamater v. Martin

In a justice’s court in Eulton county Martin brought suit against DeLamater as maker, and McDonald as surety, on a note by which the maker bound himself .to pay to the payee “ one hundred dollars, . . with interest after maturity at eight per cent, per annum, and all costs of collection, including ten per cent, attorney’s fees.” At the trial counsel for the defendants moved to dismiss the suit, on the ground that the amount sued for exceeded the jurisdiction of the justice’s court. Before this motion was passed- upon by the magistrate, the plaintiff offered an amendment to his suit, which was…