Kaufman v. Kelley

This action was instituted by Kaufman & Wilson against Lem Briggs, constable, and Kelley & Clement, before a justice of the peace," to recover possession of certain personal property, alleged in the affidavit filed by plaintiffs to be of the value of $300. Jt was dismissed as to Kelley & Clement, and J. L. Kelley was made a defendant. ’ On a trial before the justice of the peace, plaintiffs recovered judgment, and the defendants appealed to the circuit court. In the circuit court the defendants moved to dismiss the action because the justice of the peace had no jurisdiction, the property in…