{
  "id": 2484573,
  "name": "Bird M. Simpson, plaintiff in error v. Moses M. Rawlings, defendant in error",
  "name_abbreviation": "Simpson v. Rawlings",
  "decision_date": "1832-12",
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      "cite": "2 Ill. 28"
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    "name_abbreviation": "Ill.",
    "id": 8772,
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      "cite": "10 Serg. & Rawle 321",
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    {
      "cite": "14 Mass. 99",
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  "last_updated": "2023-07-14T16:34:33.017060+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Bird M. Simpson, plaintiff in error v. Moses M. Rawlings, defendant in error."
    ],
    "opinions": [
      {
        "text": "Lockwood, Justice,\ndelivered the opinion of the Court:\nRawlings brought an action before a justice of the peace against Simpson, on a note for @110,47, on which note was endorsed a credit of $10,50, leaving a balance due on the note, of $99,97. On the 31st of March, 1832, the justice gave judgment for Raw-lings for @99,97, and interest on that amount, to commence from the 11th day of August, 1831. From this judgment Simpson took an appeal to the Circuit Court of Marion county, where the judgment of the justice was affirmed. To reverse the judgment of the Circuit Court, a writ of error has been sued out to bring the cause into this Court, and the plaintiff in error assigns for error that the justice of the peace had no jurisdiction of the subject matter of the suit. By the \u201c Act concerning Justices of the Peace and Constables,\u201d justices have jurisdiction \u201c for any debt claimed to be due on a promissory note, contract, or agreement in writing, where the whole amount of such written contract, agreement, or note, shall not exceed one hundred dollars.\u201d\nThe Court can put no other construction upon the statute above recited, than that the justice has no jurisdiction where, by the face of the note, a larger sum is stipulated to be paid than $100.\nThe credit endorsed on the note, did not render \u201cthe whole amount of the note\u201d less than @100. This Court has frequently decided that where the plaintiff exhibited an account against the defendant for more than $100, but reduced the amount due to less than @100 by credits, that the justice had no jurisdiction; and we cannot perceive any distinction between those cases, and the one now before the Court. We are therefore of opinion that the judgment must be reversed because the justice of the peace had no jurisdiction of the cause.\nJudgment reversed.\nNote. Since the decision of this cause, an act has been passed giving to justices of the peace jurisdiction in cases where the original indebtedness exceeds one hundred dollars, but has been reduced below that sum by fair credits. Gale\u2019s Stat. 425; R. L. 415. See Hugunin v. Nicholson, decided December term, 1839, Post.\nGale\u2019s Stat. 402. See also pp. 414, 425; R. L. 386, 401, 415.",
        "type": "majority",
        "author": "Lockwood, Justice,"
      }
    ],
    "attorneys": [
      "Davis and Breese, for the plaintiff in error,",
      "Eddy, for the defendant in error,"
    ],
    "corrections": "",
    "head_matter": "Bird M. Simpson, plaintiff in error v. Moses M. Rawlings, defendant in error.\nError to Marion.\nA justice of the peace has no jurisdiction where the original amount of the demand exceeds one hundred dollars, though it may have been reduced below that sum by credits.\nThis cause was tried on appeal from a judgment of a justice of the peace of Marion county, before the Hon. Thomas C. Browne, at the September term, 1832, of the Marion Circuit Court.\nDavis and Breese, for the plaintiff in error,\ncited:\nR. L. 1827, 259 \u00a7 1; Breese 263, Ellis v. Snider; Ibid. 21, Clark v. Cornelius; Ibid. 153, Maurer v. Derrick; Ibid. 293, Blue v. Wier and Vanlandingham; 1 Chit. Plead. 298 n. 1, 357.\nEddy, for the defendant in error,\ncited:\n1 Chit. Plead. 92 n. 4; 14 Mass. 99; 5 Cowen 195; 10 Serg. & Rawle 321; 12 Johns. 227; 1 Chit. Plead. 91, 104, 262; 3 Blac. Com. 155; Bul. N. P. 171; 3 Saund. 182 n. 1; 1 Bailey\u2019s Index 453; 1 Cranch 285, 286; 2 Stark. Ev. 123-302; Langham v. Boggs, 1 Missouri 476, 575; Buckner v. Amour, 1 Missouri 534; 1 Serg. & Rawle 19, 20, 21."
  },
  "file_name": "0028-01",
  "first_page_order": 28,
  "last_page_order": 29
}