Simonds v. Colvert

M‘Kinney, J.

An action of debt was brought against the defendants as executors of Robert Colverl, deceased, before a justice of the peace. The case was submitted to a jury, and they found for the defendants. The plaintiff appealed to the Circuit Court, and on motion of the defendants, the case was dismissed on the ground of want of jurisdiction.

The question before us is, has a justice of the peace jurisdiction in a case in which an executor is defendant? This is an important question. We approach it with a consciousness that its settlement will be sensibly felt, in the adjustment of claims…