Peters v. Parsons — 18 Johns. 140

Majority

p. 140

Peters against Parsons.

Headnote

Tho act cn- iSirffo/?6 J'o/ Peace*5 which94 gives the party aggrieved, where the judgment Jars, an appeal Commonrieas, caseíinw^ich given,gmeaiter andnot jucNment °^ou demurrer, or an issue at law.

IN ERROR, on certiorari to a Justice’s Court. It appeared that plaintiff below had declared on a promissory note, f°r and cents, and the defendant below pleaded t'Pec'a^y *n Ear of the action, his discharge under the insolvent act of April, 1813, from all his debts, and averring: . ‘ „ 0 that both plaintiff and defendant were citizens of this State. To this plea there was a general demurrer and joinder; and after argument of the demurrer, the justice gave judgment f°r the plaintiff, for $29 and 53 cents, with costs,

The Justice had made a return to the certiorari, and the assignment of errors therein had been served on the de‘n error, who obtained an order to stay proceedings until this term : A motion was now made in behalf of the .... , , . „ , , defendant in error, to quash the writ of error, on the ground that the judgment in the cause being for above the sum of twenty-five dollars, the remedy for the person aggrieved, by the late act to extend the jurisdiction of Justices of the Peace, (sess, 41. c. 94. s. 17.) was by appeal to the Court of Common Pleas of the county, and not by certiorari.

For the plaintiff in error,

it was contended, that the act, in regard to judgments above 25 dollars, referred only to cases in which an issue in fact was joined in the suit before the justice. All the provisions of the act in regard to ap

p. 141

peals, apply to issues in fact only. In this case thgré was a demurrer, or an issue at law.

Sperry, for the defendant in error.

Switland, for the plaintiff in error.

.The act of April 10, 1818, which extends the jurisdiction of Justices of the Peace to fifty dollars, and gives the party against whom a judgment is rendered for above 2s dollars, an appeal to the Court of Common Pleas, refers only to judgments rendered on a verdict, or without a jury trial, upon an issue in fact; not to cases where the justice gives judgment on a demurrer, or issue at law. This is evident from the provisions contained'in the 18th and 19th sections, as to the proceedings on the appeal. The motion must therefore be denied.

Motidn denied.