5 D.C. 283
Decided March 15, 1837
Replevin of the plaintiff’s property, taken by the defendant, who was a constable, under and by virtue of a fieri facias issued by a justice of the peace upon a judgment, by him rendered, in an action of debt upon a bond, in the penalty of fifty dollars, the condition of which was that if a certain bay mare (described therein,) should be thereafter legally proven not to be the property of James Brown, then the bond to be in full force; otherwise, void.
Decided 1837-03-15
¶1The Court
¶2doubting,)
¶3was of opinion that the justice had jurisdiction of the cause. The bond was a contract to pay $50, upon a certain event. Whether that event had or had not occurred, was a question incidental to the question whether the debt was due or not. If the justice admitted improper evidence, it was error, but could not oust him of jurisdiction. Verdict for defendant.