Woolley v. Bell

The opinion of the court was delivered by

Swayze, J.

This action was brought before a justice of the peace to recover three penalties for alleged violations of the act to prevent the unlawful use of and willful injury to milk cans, approved April 9th, 1902. The summons was tested December 29th, 1902, and was returnable January 9th, 1903. The writ of certiorari was allowed January 7th and served January 8th.

The subject-matter of this suit was within the jurisdiction of the justice. The act provides that the penalty shall be recovered by an action, to be styled “An action in contract for a…