Maxwell v. Collins

Maxwell sued Collins, upon an account, before a justice of the peace of Wayne county. Collins was a resident of Montgomery, and on a temporary visit to Wayne county. Judgment against Collins before the justice. On appeal to the Common Pleas, Collins denied the jurisdiction, over him, of the' Court in Wayne county, on the ground that he was sued out of his township.

He relied for the maintenance of his position, upon the section of the statutes, (2 P. S. p. 453, s. 13,) (1) providing that no person shall be sued before any justice except in the township where he resides, &c. The Court below…