#### MICHAEL R. KEEGAN, Plaintiff in Error, *vs.*JOHN SINGLETON, Defendant in Error.

ERROR TO COLUMBIA COUNTY COURT.

A justice of the peace has jurisdiction where the damages claimed do not exceed $100, though the sums stated in the body of the declaration exceed that sum.

Action of assumpsit commenced before a justice of tbe peace, by tbe plaintiff in error against tbe defendant in error. Tbe plaintiff filed a written declaration containing two special counts, tbe first concluding witb an *ad damnum*to tbe amount of one hundred dollars, and tbe second, also, witb an *ad damnum*to tbe amount of seventy-fire dollars. Afterwards followed tbe common count for work and labor, averring an indebtedness of one hundred dollars', witb tbe general conclusion that tbe defendant ha,d not paid the said several -sums of money, &c., nor any part thereof, &c. Also, a bill of particulars of tbe plaintiff’s demand, witb a notice that the items thereof constituted tbe plaintiff ’s demand, which be would prove on tbe trial, amounting in tbe aggregate to one hundred and twenty-five dollars, but claiming an amount due in all one hundred dollars.

The defendant then filed a motion to dismiss tbe suit for tbe reason that tbe sum claimed in tbe plaintiff’s declaration exceeded one hundred dollars, no credits being -given by tbe plaintiff to reduce bis demand to less than one hundred dollars; or, that tbe plaintiff be compelled to select items stated in bis account, so as to reduce tbe amount thereof below one hundred dollars. Tbe justice overruled tbe motion, and tbe defendant refused to plead. Tbe plaintiff then proved bis account to tbe amount of $105, and. remitted $39.51 and bad judgment for tbe balance, witb costs of suit.

From this judgment the defendant appealed to the County Court. ''

*116At tbe November term of said County Court, on motion of tbe defendant, tbe suit was dismissed for tbe reason tbat tbe justice bad no jurisdiction to bear and determine tbe same: to reverse wbicb judgment tbis writ of error was sued out.

*Hand &*Mansfield, for tbe plaintiff in error.

*Dixon &*Prentiss, for the defendant in error.

*By the*Court,

WhitoN, C. J.

There can be no doubt tbat tbe County Court erred in dismissing tbis case for tbe alleged reason tbat tbe justice of tbe peace before wbom tbe suit was brought, was without jurisdiction. Although tbe sums wbicb were claimed to be due in tbe body of tbe declaration, exceeded in tbe aggregate tbe sum to wbicb tbe jurisdiction of a justice of tbe peace extends, yet tbe declaration, in fact, claimed only $100, as tbat was tbe sum claimed at its conclusion. Tbis is stated by tbe plaintiff as tbe amount of bis damages, and be could have recovered no more under bis declaration, even if tbe jurisdiction of tbe justice bad exceeded tbat sum. *Field's Pr.*871; ls¿ *Chitty Plead.*872. By our statute *(Rev. Stat. chap.*88, § 5), a justice of tbe peace has jurisdiction of actions of tbis nature, where tbe *“*damages claimed shall not exceed one hundred dollars.”

As tbis was tbe sum *“*claimed ” in tbe declaration, it follows tbat tbe justice bad jurisdiction, and tbat tbe court erred in dismissing tbe case.

The judgment of tbe court below must therefore be reversed.