Smith v. Kozak

Christie, Judge.

In March, 1961, the plaintiff, Bernard Kozak, brought *217suit 'before Justice of the Peace, George R. Shockley, alleging that defendants, Earl D. Smith, Sr., and Earl D. Smith, Jr., owed him a $500. refund on a sales contract in accordance with the terms thereof. Defendants purported to appear specially to contest the jurisdiction of the Justice of the Peace on the ground that plaintiff’s remedy was in restitution rather than on the contract.

Magistrate Shockley held a hearing on the jurisdictional point in March, 1961, but failed to make a decision. Thereafter, Magistrate…