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that amount was claimed, but also stated that unless defendant appeared etc., judgment would be rendered for the whole amount with interest and costs", held, that the amount claimed did not exceed one hundred dollars, and the justice had jurisdiction: Moran v. Murphy, 49–68.

The jurisdiction of justices over cases where the amount does not exceed one hundred dollars, is not exclusive: Nelson v. Gray, 2 Gr. 397; Hutton v. Drebilbis, 2 Gr. 593.

A justice has no equitable jurisdiction: David v. Ryan, 47-642, 646.

WHERE SUITS MAY BE BROUGHT.

reside.

SEC. 3509. Suits may in all cases be brought in the township Where parties where the plaintiff or defendant, or one of several defendants, R.3851. resides.

That a suit before a Justice is Meunch r. Breitenbach, 41–527. brought in the wrong township, is A trial had before the proper jusnot ground for change of venue. tice, but taking place outside of his Such fact should be pleaded in abate- township, by consent of parties, held, inent. Whether a motion to dismiss not to be void for want of jurisdicwould be proper in such case, quere:tion: Rogers v. Loop, 51-41.

C. '51, 2263.

12 G. A. ch. 149.

one or more of the R. 3852.

SEC. 3510. They may also be brought in any other township Where served. of the same county, if actual service on defendants is made in such township.

Defendant may be sued in any the county: Klingel v Palmer, 42– township where service is obtained 166.

on him, provided he be a resident of

C. '51. ¿ 2204.

attachment.

SEC. 3511. Actions to recover personal property, and suits To recover percommenced by attachment, may be commenced in any county and sonal property: township wherein any portion of the property is found, and justices R.3853. shall have jurisdiction therein within the county.

In the cases here provided for, the In actions of replevin and atjurisdiction of a justice is not limited tachment, justices have jurisdiction to the township in which the defend- throughout the county, without reant resides, or in which the property gard to the township of the residence may be found, but is co-extensive of parties or where the property is with the county: Levers e v. Rey-situated (overruling Meunch r. Breitnolds, 13-310; Biddle v Allender, enbach, 41-527, and citing the pre14-410.

vions cases): Knowles v. Picket,

If the action be for the recovery of money against a resident of another county, the justice does not have jurisdiction, though an attachment be sought against property in the county where suit is brought (explaining Craft v. Franks, 34-504): Gates v. Wagner, 46-355.

These provisions relate to the loca-46-503. tion of the property at the time the case is commenced, and not at the time it is seized under the writ. The removal of the property from the county after the commencement of the action, but before seizure, will not defeat the jurisdiction of the jus tice or the right to levy, on the property: Craft v. Franks, 34-504.

C. '51, 2265.

R. 2 3854.

SEC. 3512. If none of the defendants reside in the state, suit Non-resident. may be commenced in any county and township wherein either C. 51, 22266. of the defendants may be found.

SEC. 3513 On written contracts, stipulating for payment at a Contracts in particular place, suit may be brought in the township where the writing payment was agreed to be made.

Under this section, a justice may | township where the suit is brought. entertain jurisdicti n in a suit upon This section is not limited by § § 3507, a written contract stipulating for pay-3510: Klingel v. Palmer, 42–166. ment in his township, although the For similar provision as to place of defendant be a resident of another bringing action in courts of record, county, and not served within the see § 2581.

R. & 3855.
C. '51, 2267.

In adjoining
township.
R. 23856.

C. '51, 22268.

Docket and
contents.
R. 23857.

C. '51, 2269.

SEC. 3514. If there is no justice in the proper township qualified or able to try the suit, it may be commenced in any adjoining township in the same county.

JUSTICE'S DOCKET.

SEC. 3515. Every justice of the peace shall keep a docket in which shall be entered, in continuous order, with the proper date to each act done:

1. The title to each cause;

2.

A brief statement of the nature and amount of the plaintiff's demand, and defendant's counter claim, if any, giving date to each where dates exist;

3. The issuing of the process, and the return thereof;

4. The appearance of the respective parties;

5. Every adjournment, stating at whose instance and for what time;

6. The trial, and whether by the justice or by a jury;

7. The verdict and judgment;

8. The execution, to whom delivered, the renewals, if any, and the amount of debt, damages, and costs endorsed thereon;

9. The taking and allowance of an appeal, if any;

10. The giving a transcript for filing in the clerk's office, or for counter claim, if one is given;

11. A note of all motions made, and whether refused or granted.

The provision of ¶ 3 is directory, turn of notice would not affect his and the failure to note the return of jurisdiction: Bridges v. Arnold, 37 an execution, before judgment against-221. a garnishee garnished thereunder, cannot be taken advantage of by the garnishee to reverse a judgment against him: Houston v. Walcott, 1 -86. Also, held, that failure of the justice to note in his docket the re

The last subdivision does not refer to motions made on the trial to exclude evidence. Objections to evidence, and rulings thereon, need not be entered on the docket: Miller v. O'Neal, 9–446.

Practice.

R. 23858.

C. '51, 2270.

Same.
R. 3 3859.
C. '51, 2271.

SUITS HOW BROUGHT.

SEC. 3516. The parties to the action may be the same as in the circuit court, and all the proceedings prescribed for that court, so far as the same are applicable and not herein changed, shall be pursued in justices' courts. The powers of the court are only as herein enumerated.

SEC. 3517. Actions in justices' courts are commenced by voluntary appearance or by notice.

Filing of petition is not necessary to the commencement of an action before a justice, even when the action is such that a sworn petition must be filed. If the petition is filed on the return day of the notice, it is sufficient: Duffy v. Dale, 42-215; and see next section.

As to appearance by agent, see § 3524 and notes.

The rule that a special appearance to object to the sufficiency of service. confers jurisdiction (§ 2626, ¶ 3.) is applicable in proceedings before a justice: Church v. Crossman, 49–444; so also, an appearance to cross-examine witnesses, even though general appearance is disclaimed, will confer jurisdiction: Rahn v. Greer, 37-627.

necessary.

SEC. 3518. When by notice, no petition need be filed, except Petition not where the petition must be sworn to, but the notice must state the R. 33860. cause of action in general terms, sufficient to apprise the defend- C. '51, § 2272. ant of the nature of the claim against him.

A technical setting forth of the cause of action is not demanded, but a notice stating it in general terms, if sufficient to apprise the defendant of the nature of the claim against him, is all that is required: Fauble r. Stewart, 35-379.

Where the cause of action stated in the notice was "forty dollars damages in the sale of oxen," plaintiff was allowed to prove and recover upon a warranty made in such sale; and it was held that the notice sufficiently set forth such cause of action: Dilley v. Nusum, 17-238.

Where the claim was upon a written

instrument of guaranty of a promis-
sory note, and the notice stated the
claim as upon a promissory note,
held, that the action being before a
justice, the notice was sufficient:
Francis v. Bentley, 50-59.

When the cause of action is such
that it must be sworn to, the petition
need not be filed until the return day.
An original notice alone is sufficient
to commence an action before a jus-
tice: Duffy v. Dale, 42–215.

Technical precision in pleading is not required: See notes to § 3530. As to defective notice, see § 3520.

R. 7 3861.

SEC. 3519. It must be addressed to the defendant by name, Notice to but if his name is unknown, a description of him will be suffi- whom. cient. It must be subscribed by the plaintiff, or the justice before C. '51, § 2273. whom it is returnable.

As to proceeding against a defend- | § 2557. ant whose name is unknown, see

R. 3862.

SEC. 3520. It must state the amount for which the plaintiff will State amount. take judgment, if the defendant fail to appear and answer at the C. '51, 2274. time and place therein fixed.

when defendant is required to appear,
(§ 3525), and where the notice fixed
the time as "11 o'clock M.," held that
it was not sufficient: Hodges v. Brett,
4 Gr. 345.

A defective notice, if ervice is properly had, does not affect the jurisdiction of the court, nor the validity of the proceeding. If the justice err in holding the notice sufficient, advantage thereof must be taken on appeal In stating the place, it is not essenif at all: Dougherty v. McManus, 36-tial that the notice give the township 657; and see notes to next section. of the justice: Johnson v. Dodge, The notice should state the hour 19-106.

R. 2 3863.

SEC. 3521. The time thus fixed in the notice must not be Limit of time. more than fifteen days from the date, and the notice must be C. 51, 2275. served not less than five days previous to the trial.

Where the notice was served less | be attacked by appeal, and not colthan five days previous to trial, held, laterally: Shea v. Quinton, 30-58; that judgment thereon was erroneous, Ballinger v. Tarbel', 16-491; and see but not void. Judgment on a de- notes to preceding section. fective or insufficient notice can only |

turn.

SEC. 3522. The service and return thereto must be made in Service and rethe same manner as in the circuit court, except that no service R. 3861. shall be made by publication other than is herein provided, nor C. '51, 2276. shall any return made by another than the sheriff or a constable of the county be valid unless sworn to.

pay officer.

SEC. 3523. The defendant may at any time pay to the officer Defendant may having the process, or to the justice of the peace, the amount of R. 3865. the claim, together with the costs which have then accrued, and C. 51, § 2277. thereupon the proceedings shall cease.

Agent's au-
thority.
R. 23866.

C. 51, 22278.

One hour
given.
R. 2 3867.

C. '51, 2279.

Postponement.
R. 23868.

C. '51, 2280.

Adjournment.
R. 23869.

C. '51, 2281.

Same.
R. 2 3870.

C. '51, 2282.

Condition of.
R. 23871.
C. '51, 2283.

Pleadings.
R. 3872.

C. '51, 2284.

APPEARANCE OF PARTIES.

SEC. 3524. An agent appearing for another may be required by the justice to show his authority, if written, or prove it by his own oath or otherwise, if verbal.

A service of original notice upon | may bind the principal by appearthe agent will not constitute service ance: Brown v. Newman, 13-546. upon the principal, though the agent |

SEC. 3525. The parties in all cases are entitled to one hour in which to appear after the time fixed for appearance, and neither party is bound to wait longer for the other.

Where the record of a judgment | conclusive in that respect, and could by default recited that it was entered not be impeached by affidavits that after the expiration of the hour here the hour had not expired: Cory r. allowed, held, that the record was King, 49-365.

SEC. 3526. Upon the return day, if the justice be actually engaged in other official business, he may postpone proceedings in the case until such business is finished.

SEC. 3527. If from any cause the justice is unable to attend to the trial at the time fixed, or if a jury be demanded, he may adjourn the cause for a period not exceeding three days, nor shall he make more than two such adjournments.

SEC. 3528. In case of the absence of witnesses, either party at his own cost may obtain an adjournment, not exceeding sixty days, by filing an affidavit like that required to obtain a continuance in the circuit court for the like cause.

SEC. 3529. Either party applying for an adjournment, must, if required by the adverse party, consent that the testimony of any witness of the adverse party who is in attendance be then taken to be used on the trial of the cause.

SEC. 3550. The pleadings must be substantially the same as in the circuit court. They may be written or oral. If oral, they must in substance be written down by the justice in his docket, and sworn to when such verification is necessary.

Technical exactness and nicety in pleading are not required before a Justice of the peace: Wright v. Phillips, 2 Gr. 191; Taylor v. Barber, 2 Gr. 359; Packer v. Cockayne, 3 Gr 111; Burton v. Hill, 4 Gr. 379; Hall v. Monahan, 1-554; Greff_v. Blake, 16-222; Root v. Ill. Cent. R. Co., 29102.

If the cause of action is stated in general terms, with sufficient certainty to apprise the defendant of the nature of plaintiff's demand, it is sufficient: Shea v. Livingstone, 32

158.

Great liberality of construction should be indulged in relation to such pleadings: Blake v. Graves, 18-312; Emerick v. Clemens, 26-332.

But pleadings are required to be substantially the same as in the district court, and, therefore, it was held error, even in a trial before a justice, to admit evidence of defect in the

proper execution of an instrument under a denial of indebtedness thereon: Glidden r. Higbee, 31-379.

Technical rules of pleading which prevail in courts of record are not applicable to proceedings in justices' courts: Francis v. Bentley, 50-59; and the same technical precision is not required in stating a cause of action or defense: Finch v. Central R. of Iowa, 42-204.

Where the pleadings are oral, or even where they are written, exact correspondence in the proof is not required: West v. Moody, 53–137.

The requirement that an oral pleading be written down by the justice in his docket is merely directory, and a failure to comply therewith should not be allowed to prejudice a party so pleading: Ibid.; and where, on appeal, it appears that a trial was had before the justice on the merits, a denial of plaintiff's right to recover

will be presumed to have been made, although it does not appear of record: Sinnamo v. Melbourn, 4 Gr. 309; Heath v. Coltenback 5-490; Hall v. Denise, 6-534; Clark v. Barnes, 7-6; Weimer v. Linhard, 12–359; Richman v. Brown, 25-33; but where the entry of the justice indicates that there was no denial of a set-off, it should be

regarded as admitted: Brock v. Man-
att, 5-270.

It is not necessary that the justice
should set out the claim with the par-
ticularity required in a formal peti-
tion: Stone v. Murphy, 2-35.
Irregularities, etc., are to be disre-
garded: See § 3590.

SEC. 3531. A counter claim must be made, if at all, at the counter claim. time the answer is put in. R. 23873. C. '51, 2285. SEC. 3532. The original, or a copy of all written instruments Written instru upon which a cause of action or counter claim is founded, must ments. be filed with the claim founded thereon, or a sufficient reason given C. 51,2286. for not doing so.

The failure of a justice to mark a paper as filed, will not prevent the introduction thereof in evidence in a

trial on appeal: Eggleston v. Collis,
10-554.

R. 23874.

R. 3875.

SEC. 3533. Either party, before the trial is commenced, may Change of have the place of trial changed, upon filing an affidavit that the place of trial. justice is prejudiced against him, or is a near relation to the other 14 G. A. ch. 127. party, or is a material witness for the affiant, or that the affiant cannot obtain justice before him; but no more than one change shall be allowed to each party, unless the justice to whom the case shall be transmitted is related to either party by consanguinity or affinity within the fourth degree, or is a witness, or has been an attorney employed in the action, in either of which events, a second change may be allowed to the same party.

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another justice

SEC. 3534. When said change is allowed, said justice shall Case sent to transmit all the original papers in said case, and a transcript of R. 23876. his proceedings to the next nearest justice in the township, if there be any, if not, to the next nearest justice in his county, and said justice shall proceed to try said case, and if he cannot try the same immediately, he shall then fix a time therefor, of which all parties shall take notice.

plead.

C. 51, 2287-8.

SEC. 3535. If the title to real property be put in issue by the When title to pleadings, supported by affidavit, or shall manifestly appear from real property is the proof on the trial of the issue, the justice shall, without fur- R. 22 3877-8. ther proceedings, certify the cause and papers, with transcript of his docket showing the reason of such transfer, to the circuit court, where the same shall be tried on the merits. No cause so transferred shall be dismissed because the justice erred in transferring the same.

SEC. 3536. But when a case is thus transferred, or dismissed Same. on account of the title to land being involved, if there are other C. 51, 2289.

R. 3879.

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