Frazier v. Nashville Gas & Heating Co.

An execution was levied upon plaintiff’s goods to satisfy a judgment for $91 and costs. He sued and recovered possession in an action of replevin commenced before a justice of the peace. The execution creditor substituted for the levying officer under Shannon’s Code, section 4498, appealed to the circuit court and there challenged the jurisdiction of the court by a motion to dismiss predicated upon the technical record.

By section 5149 of Shannon’s Code the jurisdiction of justices of the peace in replevin actions is limited to cases wherein the value of the goods does not exceed $500, and the…