Hough v. Leonard
Illinois Supreme Court
Leonard brought an action against Hough, before a justice of the peace. The summons was in the usual form,, on which was indorsed, “demand fifty dollars, justice's fee 75, constable’s fee, 30." A judgment was rendered against Hough, after a trial, for fifty dollars and costs. Hough appealed to the Circuit Court.
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Leonard brought an action against Hough, before a justice of the peace. The summons was in the usual form,, on which was indorsed, “demand fifty dollars, justice's fee 75, constable’s fee, 30." A judgment was rendered against Hough, after a trial, for fifty dollars and costs. Hough appealed to the Circuit Court. At April term, 1850, of the La Salle Circuit Court, T. L. Dickey, Judge, presiding, Hough entered a motion- to dismiss the suit, for want of jurisdiction in the justice of the peace, which was overruled. It appeared at the trial on the Circuit, that the bill of particulars, comprising…
1Opinion of the CourtCaton, J.
The question presented by this record we do hot consider an open one in this Court. At the last term in this Division, it was decided that the Revised Statutes must receive the same construction as the act of 1839, respecting the jurisdiction of justices of the peace, and that it was error for the Circuit Court to dismiss a suit commenced, for want of jurisdiction appearing on the face of the papers, but that it is the duty of the Court, upon appeal, to hear the evidence, and if from that it appears, that the subject matter of the controversy is within a justice’s jurisdiction, then it is the…
2Cited by2 opinions
- Union Pacific Railway v. OgilvyNebraska Supreme Court · 1886
- Lawton v. EwingAppellate Court of Illinois · 1926