Rogers v. M'Gregor

4 Cow. 531

Opinion

Curia.

We must take the case as it stood at the Circuit without inquiring what might possibly have been the defendant’s course before a Justice, had the suit been brought hi a Justice’s Court. Of this particular cause, which in fact did involve the title to lands, a Justice had no jurisdiction. The case, as made out at the trial, must be the criterion.

Motion granted