Indiana Supreme Court, 1861

Guard v. Circle

Guard v. Circle
Indiana Supreme Court · Decided June 13, 1861 · Ouriam
16 Ind. 401; 1861 Ind. LEXIS 212

Guard v. Circle

Opinion of the Court

Per Ouriam.

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.

L. Chamberlain and J. Guthrie, for the appellant.

The judgment is affirmed, with 5 per cent, damages, and costs.

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