Baker v. Weaver
Darke Circuit Court
Error to the Court of Common Pleas of Darke county. Amanda Weaver filed her petition in the court of common pleas against the plaintiffs in error, alleging that they were the makers of a promissory note for ninety dollars, delivered to her, and by its terms payable to her or her order; that prior to its maturity the note was lost; that it had never been indorsed by her, or delivered by her to any other person, and that at the time of filing the petition the note was past…
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Error to the Court of Common Pleas of Darke county. Amanda Weaver filed her petition in the court of common pleas against the plaintiffs in error, alleging that they were the makers of a promissory note for ninety dollars, delivered to her, and by its terms payable to her or her order; that prior to its maturity the note was lost; that it had never been indorsed by her, or delivered by her to any other person, and that at the time of filing the petition the note was past due. She offered to give such indemnity as the court might require, and prayed for judgment for the amount of the note and…
1Opinion of the CourtShauck, J.
The form of the motion was appropriate to raise a question as to the jurisdiction of the court of common pleas over the persons of the defendants rather than the subject-matter of the suit. But if the record discloses that that court had not jurisdiction of the subject, its judgment must be reversed.
So far as the amount in controversy determines the question the case is admitted to have been within the exclusive jurisdiction of a justice of the peace. But in support of the original jurisdiction of the court of common pleas it is argued that the demand asserted, being upon a note lost' before…
2Cases cited4 opinions
- State v. ClementsOregon Supreme Court · 1887
- Amory v. FlynNew York Supreme Court · 1813
- Depew v. WheelanIndiana Supreme Court · 1843
- Wade v. WadeIllinois Supreme Court · 1850