Main v. . Cooper

Section 54 of the Code provides, that no justice of the peace shall have cognizance of a civil action "where the title to real property shall come in question as provided by sections 55 to 62 inclusive." Sections 55, 56 and 57, provide the mode in which the defendant may by setting up in his answer that such title will come in question on the trial of the cause, giving an undertaking in effect to appear in the Supreme Court upon a complaint for the same cause of action, procure the action to be dismissed by the justice. Section 58 provides that in such case, where title is plead before the…