McCole v. State ex rel. Chipman

This was an action on a recognizance taken by the sheriff — one Jesse H Willis being in his custody by virtue of what is called in the record a commitment from a justice of the peace, for failing to find security in the sum of 500 dollars, for his appearance in the Circuit Court to answer to a charge of larceny. There was judgment for 500 dollars, the amount of the recognizance.

By a demurrer to the complaint, the question is presented, whether this suit can be maintained in the Common Pleas Court. It is contended by the appellants that the exclusive jurisdiction is in the Circuit Court, in…