Opinion of the Court by
One of the errors assigned for the reversal of this judgment is, that the cause of action exceeded the jurisdiction of a justice of the peace.
The statute of 1827 * giving jurisdiction to justices of the peace in civil cases, enumerates, among other causes of action, any debt claimed to be due upon open and unsettled accounts between individuals, where the whole amount of the accounts of either party shall not exceed one hundred dollars. The account offered in evidence before the justice in this case by the plaintiff below, was an open and unsettled account amounting to two hundred and eighty-four dollars and eleven cents. Credits, it is true, are given at the foot of the account to the defendant, which reduce the amount purporting, by the account, to be due the plaintiff, below one hundred dollars. These credits are given by the plaintiff himself; the balance was not ascertained by a settlement between the parties as contemplated by the statute. To ascertain the balance due the plaintiff, it was necessary for the justice to investigate an account greatly exceeding one hundred dollars. This power is not conferred by the statute, and the justice exceeded his jurisdiction in assuming it. The judgment of the court below must be reversed for want of jurisdiction in the magistrate, (a)
Judgment reversed.