Barker v. Willard

1 Brayt. 148

Opinion

By the Court.

There would not be, in this case, any recovery of a penalty, to be chancered in equity, but the recovery must be of damages, actually sustained by the plaintiff — the declaration furnishes a specific rule of damages, by which the plaintiff is limited. It does not appear, by the declaration, that the damages could possibly exceed the jurisdiction of a Justice.

Judgment — That County Court has not jurisdiction;