32 Wis. 324 | Wis. | 1873
This was an action of attachment commenced June 20,1870, before a justice of the peace. The action was founded upon an account for a certain quantity of zinc ore sold and delivered at various times by tbe plaintiff to tbe defendants. Tbe ore at tbe price claimed amounted to $331.26, upon which tbe plaintiff had been paid at divers times $190.45, leaving a balance due on the account of $140.81.
The objection is taken on tbe part of tbe defendants, that as tbe action was founded upon an account, which necessarily involved an examination of tbe correctness of tbe various items therein, amounting on the part of the plaintiff to $331.26, tbe justice bad no jurisdiction. Tbe objection seems to us insuperable.
Section 5, ch. 120, was amended by ch. 30, Laws of 1870, increasing the amount over which a justice should have jurisdiction in certain classes of actions. By the first subdivision of the amendatory act, it is provided, that a justice shall have jurisdiction over actions arising or growing out of contract express or implied, wherein the debt or balance due or damages claimed shall not exceed two hundred dollars. This was in force at the time the action of attachment was commenced, and it is attempted to sustain the jurisdiction of the justice under this clause of section 5 as amended. It is said that the action in the present case was founded upon an express contract, and that the balance due does not exceed two hundred dollars, and therefore the case is embraced in this subdivision. But the difficulty with this position is, that the law of 1870 does not profess to change or do away with section 9. That section was in force, and fixed the jurisidiction of the justice in all actions
It follows from these views, that the judgment of the circuit court must be reversed, and the cause be remanded with directions to dismiss the action.
By the Court.— So ordered.