¶1was of opinion that this Court could not take jurisdiction of this case in any other way *582than that which is pointed out by the Act of 1791, e. 68. The Act of 1795, does not purport to give the Court jurisdiction in cases of less value than ¿£100, and we think it did not intend to give it. That Act must, as we think, be restricted to cases not before excluded from the jurisdiction of the county courts by the smallness of their value. The justice of the peace, therefore, in this case, had no right to command the clerk of this Court to issue this attachment, nor was the clerk bound to issue it upon his command. The attachment, not being legally issued, cannot give this Court jurisdiction. The creditor ought to have proceeded according to the Act of 1715, and not according to the Act of 1795.
2 D.C. 581
Dix v. Nicholls
Decided May 15, 1825
This was an attachment issued by the clerk of this Court upon a warrant of a justice of the peace directed to the clerk, under the Act of Maryland, 1795, c. 56, upon a debt of $8.87. moved for judgment against the garnishee upon his default of appearance. suggested that the case, being for a debt under $20, .was not within the jurisdiction, of this Court, unless the plaintiff should proceed according to the directions of the Maryland Act of 1791, c. 68, § 1, by which it is…
Decided 1825-05-15