5 Blackf. 546 | Ind. | 1841
This was an action on a promissory note, commenced before á justice of the peace, and taken by ap
It is contended that the judgment of the Circuit Court is justified by a statute respecting the jurisdiction of justices in Allen county. That statute provides, that a defendant in a civil action, resident in that county, shall be sued in the township in which he resides, if there be a justice therein who can legally try the cause. Laws of 1839, p. 90.
It may be questionable whether, under this statute, the defendant, in order to oust the jurisdiction of the justice of Wayne township, should not have carried the proof farther than he did, and have shown that a justice resided in Washington township. But we shall not stop to settle this point, as our decision will turn on another principle. It is enacted in the justice’s act, “ that after an appeal to the Circuit Court, no suit shall be dismissed because the same was commenced out of the proper township, unless objection shall have been made on the hearing of said cause before the justice.” R. S. 1838, p. 366. This provision embraces all cases in which the jurisdiction of the justice depends upon the township in which the action is commenced. As the defendant made no objection before the justice to his right to try the cause, it was too late to urge that matter in the Circuit Court. It was erroneous to dismiss the cause.
The judgment is reversed with costs. Cause remanded, &c.