Guard v. Circle

Decided June 13, 1861

Indiana Supreme Court · decided 1861-06-13

<p>In an action before a justice of the peace, the jurisdiction, as to the amount involved, is determined by the amount of damages claimed in the conclusion of the complaint.</p>

Relies on Inhabitants of Congressional Township No. 11 v. Weir

Good law ✅— No negative treatment on recordhow we know

Decided 1861-06-13

How this case has been cited

Cited by 7 later decisions — most recently October 1915

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Ouriam.

¶1Suit commenced before a justice of the peace, on an account. Damages claimed, $99. Answer, by way of set-off, claiming judgment for $100. The case went by appeal to the Circuit Court. Judgment for the plaintiff’, for a fraction over $80. No exceptions were taken in the cause. It is said the justice had not jurisdiction ; but jurisdiction, as to amount, in a given cause, is determined by the amount of damages claimed in the conclusion of the complaint. The Inhabitants, &c. v. Weir, 9 Ind. 224.

L. Chamberlain and J. Guthrie, for the appellant.

¶2The judgment is affirmed, with 5 per cent, damages, and costs.