Short v. Bridwell

This was an action by the appellants, against the appellee, to recover the possession of certain real estate, commenced before á justice of the peace, and taken by appeal to the Circuit Court. The action was dismissed in the Circuit Court, for want of jurisdiction in the justice. The plaintiffs excepted, and appeal to this Court.

The appellants contend that the justice had jurisdiction under the provisions of 2 R. S. 1852, chap. 4, p. 490. Under this statute, the relation of landlord and tenant must exist between the parties; or the defendant must have made unlawful or forcible entry into the…