Error to Conway Circuit Court.

In these cases the same judgment was given. In each the plaintiff in error brought his suit on a writing obligatory, before a Justice of Welborn township. The process was a summons directed to the Constable of the same township, who served the same personally on the defeildant, in Cadron township, (all in Conway county,) in which latter township the defendant resided. There, was no Justice or Constable in said township of Cadron, at the time, of the commencement of the suit. The defendant suffered judgment by default to go against him before the Justice, and appealed to the Circuit Court. Wheri the cause was called there, he moved the Circuit Court to dismiss the suit, on the ground that the Justice had no jurisdiction of the case; which motion the court sustained, and gave judgment for the defendant in error for costs.

contended that the Circuit Court erred: 1st, In quashing the proceedings on the appellant’s motion. Tho Justice had jurisdiction: the suits respectively were founded on writings obligatory for less than ‡ 100 each. If the Justice had not jurisdiction of defendant’s person, because of his residence in a different township, the privilege was merely personal, and the defendant could only avail himself of it by appearing personally' and pleading to the jurisdiction.

This he failed to do, and appealed to the Circuit Court. On the appeal that court had unquestionable jurisdiction, of the cause and person, and was imperatively required by statute to try the cause on' its merits. The acts on this subject are remedial, and should be liberally expounded, so as to obviate the evil and advance the remedy. One evil was, that in many townships no one could be found to act as' jus^ce or constable, and the administration of justice was thereby1 defeated. To remedy which the act of 1816, New Digest, p. 366j see. 44, was passed. Another evil was, that upon appeals from Jusli-ces, suits were dismissed and proceedings quashed, by the Circuit Courts, for errors, omissions, and defects, in the proceedings before the Justice, insomuch that the administration of justice was thereby defeated, and the parties subjected to great delay, loss, and inconvenience; to remedy which, the act of 1831, New Digest, p. 374, sec. 57,' was passed.

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