Brown v. McQueen

This was an action of assumpsit for money had and received, commenced by McQueen, guardian, &c., against Brown in the Bartholomew Probate Court. The damages claimed were $50.00. Plea, non assumpsit. Judgment for the plaintiff.

The only question necessary to be considered is, whether the Court below had jurisdiction of the case? The act organizing Probate Courts, &c., (Rev. Stat., 1838, p. 173), invests that Court with jurisdiction “ in all suits, at law or in equity *upon all demands or causes of action in favour of or against heirs, executors, administrators, or guardians, where the amount in…