5 Cranch at 283 cited at this page1 citing case
- State v. Smith, 3 Balt. C. Rep. 188 (1912).publishedThe Court of Appeals, speaking through Judge Stephen, quotes with approval Chancellor Kent, where he says, “If an act be penal and temporary by the terms or nature of it, the party offending must be prosecuted and punished before the act e…
v.
John Waters
The Court
(Morsell, J.,doubting,)
was of opinion that the justice had jurisdiction of the cause. The bond was a contract to pay $50, upon a certain event. Whether that event had or had not occurred, was a question incidental to the question whether the debt was due or not. If the justice admitted improper evidence, it was error, but could not oust him of jurisdiction. Verdict for defendant.