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4 S.C.L. 41

Collier v. Rogers

Supreme Court of South Carolina

Decided April 15, 1806

Supreme Court of South Carolina · decided 1806-04-15

Motion in arrest of judgment. Appeal from the decision of a justice of peace, tried in Abbeville district, before Brevard, J. The plaintiff had sued the defendant in the court of a justice of peace on a note of hand for twenty dollars.

Decided 1806-04-15

¶1At Columbia, November, 1806,

all the judges present.Waties, J.,

¶2delivered the opinion of himself, Bay, and Tkezevakt, Justices, that the jurisdiction of justices of the peace extends to twenty dollars, and not beyond, and consequently, that the motion should be granted. Gkimke, J., adhered to his opinion in the case of White v. Kendrick, (vide vol. 1, 469.) Wilds, J., was of opinion the jurisdiction of a justice of peace ought to be restrained to 20s., old currency, or £3 sterling; — the right of trial by jury being secured by the constitution in all cases above that value, in that part of the State where County Courts were not established.

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