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29 Ill. 246

Brewster v. Grover

Illinois Supreme Court

Decided April 15, 1862

Illinois Supreme Court · decided 1862-04-15

This suit was commenced before a-justice of the peace on the following summons: STATE OF ILLINOIS, > la salle counit, ) ss' The People of the State of Illinois, to any Constable of said County, Gbeetino : You are hereby commanded to summon Joseph Brewster to appear before me, at my office in Earlville, on the 18 th day of July, A. D. 1859, at 10 o’clock A. M., to answer the complaint of Jeremiah Grover, for a failure to pay him a certain sum, not exceeding one hundred…

Decided 1862-04-15

Breese, J.

¶1It is quite immaterial, under our statute regulating and defining the duties of justices of the peace, what form of action may be specified in the summons. The great inquiry always is, had the justice of the peace jurisdiction of the subject-matter before him?

¶2As to the merits of this case, they were all with the plaintiff. The defendant was responsible for the Brewster note. He promised to collect it, and might have done so. At any rate, he refused to surrender it to the true owner, on proper demand made for it.

¶3The judgment is affirmed. Judgment affirmed.

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