6 Blackf. 208 | Ind. | 1842
This was an action of assumpsit for money had and received, commenced by McQueen, guardian, &c., against Brown in the Bartholomew Probate Court. The damages claimed were $50.00. Plea, non assumpsit. Judgment for the plaintiff.
The only question necessary to be considered is, whether the Court below had jurisdiction of the case? The act organizing Probate Courts, &c., (Rev. Stat., 1838, p. 173), invests that Court with jurisdiction “ in all suits, at law or in equity *upon all demands or causes of action in favour of or against heirs, executors, administrators, or guardians, where the amount in controversy shall exceed the sum of fifty dollars, &c.”
The Probate Court is an inferior court created by statute, and possesses such jurisdiction only as the statute confers. In suits where the amount in controversy exceeds fifty dollars,
The objection to the jurisdiction was made at the trial, and should have been sustained by the Court.' Under the general issue, the want of jurisdiction may be shown, and when shown is fatal to the plaintiff’s claim. Thomas v. Winters, 4 Blackf., 161.
Per Curiam.—The judgment is reversed with costs. Cause remanded, &c.