Page:United States Reports, Volume 2.djvu/79

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_ Pbiludeqllvin Couwr or Couuon Pans. 73 { r·;go.‘ i vars.: · Lawnnncn wrjiu Douansnowaa. HIS was an appeal from the decilion of a Juliice of the T Peace in an a&ion of trefpafs, brought before him a- _ gainll: a Conltable, for wrongfully taking the goods of the plain- dl}`; and in which judgment had been giyen for {9. 18. Rohm, for the plaintill§ and Bnufm-d, fqr the defendant, ‘ fubmittedthe cafe to the Court, without argument, upon this fingle quefliou, whether a Jultice of the Peace has urifdiétion in aétions of trefpafs, for taking goods ? Surprran, Prgidmt :—A&ions of Trwer are exprefsly ex- cepted fromtbe `urifdiétion of juflices of the Peace ; and this being fuch a trefiaafs, as might be made the foundation of an ac- tion of Trawr, is fairly within the reafon of the Legillative ex- ception. The powers of the juliices of the Peace are, perhaps, . already fulliciently great ; but, at all events, it would be highly dangerous to extend them to cafes like the prefent.

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Septeméer Sefiions, 1 790. Mc¤Coomn:, wrfw Duucxr, at al. Exeeutors of Hrmson. — · ‘ /.o‘»S'£ FOREIGN attachment in cafe to Sqotember Term, 1785- The · plaintiff in this caufe having died iince judgmentwas en- ' tcred, W ilcacl: obtained a rule that _7alm- .4_/blzyand Tlvnmar. Ste- 2,'[4/74,,4 warzllf:/1, his adminiltrators, lhew caufe why the judgment {hould Z i not be fct alide, and the attachment dillblved. .Serj:ant accord- ' mgly afppcared for the adminiltrators, and the following cafe was 5% · Rated or the opinion of the Court : I “ The attachment was laid in the hands of Caleb and Ama: ` ‘ Faulée, William Jlfoare, E,/Q. Curtis Clay, Owen _`}’oue.r, Samuel Plugurr, _7g/ipb Sun]? and lfilling U Taylor, as garnilhees. " At e time of- the attachment being fetved, or at any time lince, the gnnilliees did not owe any fum of money to the Executors of udpn in right of their teftator: But the faid IWIIiam Mawr, waa- indebted, and al('o_ the faid Calcé and dma: _ K Fvulk,