Guard v. Circle
Indiana Supreme Court
Guard v. Circle, 16 Ind. 401 (Ind. 1861)
1861 Ind. LEXIS 212
Ouriam
Guard v. Circle
Opinion of the Court
Suit commenced before a justice of the peace, on an account. Damages claimed, $99. Answer, by way of set-off, claiming judgment for $100. The case went by appeal to the Circuit Court. Judgment for the plaintiff’, for a fraction over $80. No exceptions were taken in the cause. It is said the justice had not jurisdiction ; but jurisdiction, as to amount, in a given cause, is determined by the amount of damages claimed in the conclusion of the complaint. The Inhabitants, &c. v. Weir, 9 Ind. 224.
The judgment is affirmed, with 5 per cent, damages, and costs.
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