Hyde v. Hyde

4 Conn. 117 | Conn. | 1821

Hosmer, Ch. J.

The eighth section of the first article of the constitution of this state, is applicable to search-warrants only, and is not relevant to this case; but if it were, the process issued on the oath of the proper person.

If the writ was “returnable for trial” to the county court, a duty of thirty-four cents was payable upon it; and that it was thus returnable, is too clear to be disputed, unless it be absurdly said, that it was returnable for trial no where. It clearly was not “returnable for trial” before a justice. It cannot be pretended, that a justice had jurisdiction to try an action demanding five hundred dollars damages; and most obviously his interference was necessary for no other purpose than to forward the process to the county court. Uniform usage has given a construction to the law; and if the statute required any duty, of which there is no question, a duty of thirty-four cents is payable.

The other Judges were of the same opinion.

Judgment affirmed.