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16 Tenn. 89

Hay v. Lea

Tennessee Supreme Court

Decided May 15, 1835

Tennessee Supreme Court · decided 1835-05-15

This suit was commenced before a justice of the peace, the 4th day of April, 1S34, upon the following note: “Six months after date, I promise to pay Austin Miller fifty dollars, for value received, Nov. 28 th, 1827, which maybe discharged in property before that time. John Hays. [Seal.]” Miller assigned the note to Ar&os Johnson, on the 1st day of May, 1828, who assigned it to Lea, the plaintiff below.

Decided 1835-05-15

Creen J.

¶1delivered the opinion of the court.

¶2Two questions are raised by the counsel in this case. The first is, whether the act of 1786, ch. 4, sec. 5, is a bar lo the action; and second, whether this is a contract in which the jurisdiction of a justice of the peace extends beyond fifty dollars.

¶3As to the first question, this court decided in the case of Lawrence vs. Biedleman, (7 Yer. Rep.) that neither the act of 1786, nor any other act of limitations in this State, applied to such a case as the present.

¶4It is unnecessary to consider the question of jurisdiction, as it existed prior to the passage of the act of 1831, ch. 69, sec. 2 That act, confers on a justice, jurisdic*90tion to the amount of one hundred dollar’s, due by note, whether tor money or trade.

¶5There is, therefore, no error in the judgment of the court below, which will be affirmed.

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