Witt v. Hereth
District Court, D. Indiana
On the 31st day of July, 1875, Henry Hereth filed his complaint before William H. Schmitts, a justice of the peace in and for Center township, Marion county,. Indiana, demanding judgment against William M. Aughinbaugh for two hundred dollars upon a note, the principal of which was two hundred dollars and eighty-three cents, and on the same day a summons was duly issued to a constable of said township, and served on said Aughin-baugh.
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On the 31st day of July, 1875, Henry Hereth filed his complaint before William H. Schmitts, a justice of the peace in and for Center township, Marion county,. Indiana, demanding judgment against William M. Aughinbaugh for two hundred dollars upon a note, the principal of which was two hundred dollars and eighty-three cents, and on the same day a summons was duly issued to a constable of said township, and served on said Aughin-baugh. On the 3d day of August, at 9 o’clock a. m., that being the time at which said cause was set for trial, the said Aughinbaugh was duly called and defaulted, and…
1Opinion of the Court
GBESHAM, District Judge.
Justices of the peace in Indiana have jurisdiction to try and determine suits founded on contract, when the debt does not exceed two hundred dollars. 2 Gavin & H. St. p. 579.
Unless otherwise directed, justices shall issue execution on all judgments, when the defendant has appeared, after the expiration of four days from the rendition thereof, and in cases of default after the expiration of ten days; but when it shall be made to appear by affidavit that delay will endanger the collection of the judgment, execution shall issue immediately. 2 Gavin & H. St. p. 600.
It is…
2Cases cited3 opinions
- Wetherill v. Inhabitants of Congressional TownshipIndiana Supreme Court · 1840
- Remington v. HenryIndiana Supreme Court · 1841
- Korsoski v. FosterIllinois Supreme Court · 1858