29 Ky. 228 | Ky. Ct. App. | 1831
delivered the opinion of the court.
The defendants in error recovered a judgment, before a justice of the peace, against Jee-tér as administrator of the goods and chattels, of Aaron Dewitt and others. Being unable to collect it by executions, they warranted Jeeter, suggesting a devastavit. The justice of the peace gave judgment against him, and he appealed. ' The circuit court gave judgment against him, and he has prosecuted a writ of error.
The only question of consequence, relates to the jurisdiction of the justice, in sustaining a proceeding against Jeeter for a devastavit of the assets in his. hands as administrator. His administration bond was in ^be penal sum oí $600. The judgment against him as a iministra tor of Dewitt, was less than $50. The judgments rendered against him individually by the justice and circuit court, on account of the de-vastavit, were for $25.
It is very clear, that a justice of the peace could not legally entertain jurisdiction of a suit upon the administration bond. The amount of the penalty would regulate the jurisdiction', and as that exceeded $&0, the powers conferred on justices of the peace' would not embrace it. If then the justice had jurisdiction in tlie present case, it results by operation of law from the non-payment of the judgment against Jeeter as administrator, when he had assets with
There is another point in the cause which has been insisted on in argument, and perhaps it deserves no-
We are of opinion that the justice hadjurisd!~i!i'~ and that the circuit,court has not erred.
Wherefore, the judgment is affirmed.