M'Fadin v. Gill
Indiana Supreme Court
Justices of the peace, by a statute of 1823, had a general jurisdiction to the amount of 50 dollars; and they could take judgments by confession for any amount not exceeding 100 dollars, provided the defendant made oath that the judgment was not confessed to defraud creditors: Held, that the justice’s record of a judgment confessed, exceeding 50 dollars, must show the oath to have been taken, or he will be considered as having had no jurisdiction (1).
1Opinion of the Court
A JUDGMENT of a justice of the peace was certified, under the statute of 1823, to the Circuit Court; and, upon a scire facias, there was a judgment awarding execution against the real estate of the defendant: Held, that to such a judgment of the Circuit Court a writ of error lies.
The general jurisdiction of justices of the peace, in debt and assumpsit, 'is now extended to 100 dollars. Stat. 1826, p. 30.
2Cited by3 opinions
- McPheeters v. CampbellIndiana Supreme Court · 1854
- Bible v. VorisIndiana Supreme Court · 1895
- Trader v. McKeeIllinois Supreme Court · 1839