Messick v. Dawson

Headnote

Several suits cannot be brought on a single cause of action, so as to bring it within th§ jurisdiction of a justice of the peace.

Certiorari to justice Redden.

The defendant filed an affidavit with his assignment of errors, stating that the judgment in this case was one of two obtained on a single cause of action, which was for the price of a horse at sixty dollars, and which the plaintiff had split, with a view to bring it within the jurisdiction of a justice of the peace.

Depositions on both sides were taken on interrogatories filed; and, it appearing to the court that the cause of action on which the two suits were brought before the justice was single, and had been improperly divided, the judgment was reversed on this ground,^[1]