Simpson v. Updegraff, 2 Ill. 594, 1 Scam. 594 (1839)

Dec. 1839 · Illinois Supreme Court

2 Ill. 594, 1 Scam. 594

Francis W. Simpson, plaintiff in error v. Joseph P. Updegraff and William H. Randolph, defendants in error.

Error to McDonough.

A justice of the peace has jurisdiction of a suit upon anote for $100, where the plaintiff does not claim interest.

This was an action instituted before a justice of the peace of McDonough county, on the 22d day of October, 1838, upon the following promissory note:

“$100,00. On or before the twentieth day of October, we or either of us promise to pay John D. Walker, or bearer, one hundred dollars, for value received. Macomb, April 23d, 1838.

J. P. Updegraff. [l.s.]

Wm. PI. Randolph. [l.s.]”

On the back of which note was written,

“For value received I assign the within note to F. W. Simpson, this 4th October, 1838.

John D. Walker.”

The justice rendered judgment for the plaintiff, and the defendants appealed to the Circuit Court. At the October term, 1839, the Hon. Peter Lott presiding, the cause was called for trial, and the plaintiff read in evidence the note and endorsement, and thereupon the defendants moved to dismiss the suit for want of jurisdiction in the justice of the peace, which motion was sustained .by the Court, the cause dismissed, and a judgment for costs rendered against the plaintiff. The plaintiff excepted to the opinion of the Court, and embodied the facts in a bill of exceptions, which was signed and sealed by the judge, and the cause brought to this Court by Writ of error.

A. Williams and S. H. Little, for the plaintiff in error.

O. H. Browning, for the defendants in error.

Browne, Justice

delivered the opinion of the Court:

This was a suit by the plaintiff against the defendants, before a justice of the peace of McDonough county, on a promissory note for the payment of one hundred dollars. The justice of the peace who tried the cause, gave judgment for the plaintiffs for the sum of one hundred dollars and costs. Updegraff and Randolph appealed from the decision of the justice to the Circuit Court of McDonough county. When the cause came on to be tried, the defendants, Updegraff and Randolph, by their attorneys, moved the Court to dismiss the appeal, because the justice of the peace had no jurisdiction of the cause. The motion was sustained by the Court, and the cause dismissed. To reverse the decision of the Circuit Court, this writ of error is brought. The statute giving jurisdiction to justices, page 402, sec. 1, Scammon’s Revised Laws,⁽¹⁾ provides “That justices of the peace in this State shall have jurisdiction within their respective counties, to hear and determine all civil suits for any debts or demands of the following description, viz: for any debt claimed to be due on a promissory note, &c., where the whole amount, &c., shall not exceed one hundred dollars. It seems clear that the justice of the peace had jurisdiction. It comes within the letter and spirit of the law conferring jurisdiction on justices of the peace. For these reasons, the judgment of the Circuit Court of McDonough county must be reversed with costs; and as the sum claimed by the plaintiff, is certain, judgment is rendered here for one hundred dollars with costs.

Judgment reversed, and judgment rendered in this Court.

(1) Gale’s Stat.