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4 S.C.L. 399

Melton v. Ellison's Administrators

Supreme Court of South Carolina

Decided May 15, 1810

Supreme Court of South Carolina · decided 1810-05-15

, presiding. The plaintiff sued before the justice of pence, and obtained judgment, on a note ol ’hand given for §13 75, dated June 7tb, 1802, payable in thirty days. At the time of awarding judgment, the principal and interest amounted to §20 16, for which judgment was given; but when the note was sued, the principal and interest did not exceed $20.

Decided 1810-05-15

Waties, J.,

¶1delivered the opinion of the court. That the juris. diction of a justice of peace is, by act oí assembly, 1799, estab-bshed not to exceed $20, and by the State constitution it cannot exceed jS5 sterling, and that the judgment in this case being for upwards of $20, was erroneous. The magistrate, who gave judgment, having jurisdiction at the time of issuing his warrant, might perhaps have jurisdiction for $2Ü, and allowed the plaintiff to have remitted the excess, or interest which accrued after the suit brought, but could not give judgment for a sum above $20. I

¶2Motion rejected.

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