CertioraRI, to Mr. Justice Thompson, issued by the Chief Judge of this Court on the 21st March, 1838, in vacation, upon the petition and affidavit of the debtor, B. Homans, which stated, in substance, that W. W. Moore had warranted him, before Mr. Justice Thompson, for $47.20, which, if due at all is due with interest from November, 1834, and that the debt and damages exceed the sum of $50, and the warrant and all proceedings under it are illegal and coram nonjudice.
¶2not sitting) decided that the creditor may relinquish the interest upon the claim and recover the principal before a justice of the peace, if the principal does not exceed $50; the claim being understood to be upon open account.
