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by Charles R. Brown (Author)
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1875 edition. Excerpt: ...JUSTICES' COURTS--TRIALS, JUDGMENTS AND EXECUTIONS. A civil action is "a legal demand of one's right, or it is the form given by law for the recovery of that which is due." Civil actions before justices of the peace are commenced by summons, or by the appearance and agreement of the parties without summons. Where it appears by affidavit that the defendant is guilty of certain frauds, the justice may issue an order of arrest to bring the defendant into court. At the time of issuing a summons, or afterward, an attachment may be issued against the goods and chattels of the defendant, when the circumstances are such as the law deems justifiable in order to secure the plaintiff's claim. These facts and circumstances must be made to appear by affidavit. The student is referred to the statutes, Swan and Critchfield, 773, for particulars as to commencement of suits, service and return of process, and proceedings in arrest and attachment. In case a person has in his possession property which he has no right to keep, the person who has a right to it, if the property does not exceed in value three hundred dollars, may apply to a justice for a writ to authorize the constable to take and deliver such property to the plaintiff. If the value of the property is less than one hundred dollars, justices have exclusive jurisdiction; from one hundred to three hundred, concurrent jurisdiction with the court of common pleas. The writ is called a writ of replevin, and after it is executed, the parties have a trial before the justice, to determine who has the right to the possession of the property. If the plaintiff fails, he must return the property to the defendant, or pay him the value of it. In whatever way a suit is commenced, a trial must be had, ...
