State ex rel. Ryan v. Emmerling

This was an action commenced before a justice of the peace to recover $125 from the defendant Emmerling, as principal, and the defendants Butz and Evans, as sui'eties, in the official bond of Emmerling as road overseer.

The penalty of the bond was $1,000. The justice of the peace rendered judgment in favor of the defendants for costs. The plaintiff appealed to the circuit court, and the circuit court dismissed the appeal.

Justices of the peace in this state have jurisdiction in civil cases “ when the sum demanded, exclusive of interest and costs, does not exceed $150.” Rev. Stats., sect. 2835.…