Show NULL AND VOID t C SAYS THE TE COURT Opinion of Supreme Court as to Jurisdiction of Justices LAW LA W 18 S 8 UNCONSTITUTIONAL Clue Case In II That hat of vf Love Lovo Orbit Originating Court Tho supreme court today handed down nn an opinion that Chapter lOa Ses Session sion slon Laws of ot which hilch limits tho the Jurisdiction of oC Justices of ot the th peace In cities of ot tho thu list fist Olst class cluss to actions wherein the amount does toes not exceed 10 la II I unconstitutional and hence null nul and uld void Old The he case caso In which the tie opinion U iS rendered Is IH B E 1 M Love iove VB vs VI Hd J l J 1 Lid Liddie Liddie Liddie die appellant which originated In Jus Juti Justice JUI ice tice Clarks court COUlt timid and Ind was appealed to tho the district court where n u second Judg Judgment mont ment l nt was wal rendered In lit favor of ot plaintiff In lie tho district court the defendant demurred to the lie complaint on tho the ground that the tho amount Involved was moi 1010 e than thal 10 and ald that lint according to tolie the tho lie session law last la given ghen above tho Justice court had hail no n Jurisdiction In the tile ease case ase Judge Ju ge Stewart overruled tho thu demurrer and later Intel rendered d Judgment In II favor tavor of ot Plaintiff for 2050 O the notion being brought to recover 20 0 due on ona a u pro in Is sory sor note An appeal to tho tha lie supreme court resulted lit iii the Judgment being The rIte opinion Is written by Justice Bartch and concurred In by hi ly Chief I Jus Justice ice tice and Justice McCarty MCl ar The Tue opinion hold the net of ot if 1901 U Is limited in Imi II Its Is application ton to 10 courts of ot Justices justes of oC the peace In iii cities of ot the first class ca s only and Ind does not affect a such courts held outside of at such audi cities and amid cites does docs not limit the Jurisdiction of ot Jus Justice justee lee tice tee courts throughout the state stab In gen general en oral eral erl Justices In cities clies of ot the tho first class cluss are restricted to actions Involving only sic 10 O while all ni other Justices In the state have jurisdiction In actions Involving as ns high as aim al 00 Awarding According to the thin Constitution the Legislature cannot annat enact ennet a special law to regulate r the Jurisdiction of ot Justices of ot the peace pence where a general law Is s ap al The fhe act net In question queston by b ex ox express express press provision only to a lim limited limited Ite number of ot Justices courts and yet there thele appears to be no no reason reason why wiy a 1 general general law In could not ho bo made applicable cable alike Ille to lo all ul of ot such courts Any enactment changing the lie Jurisdiction which doeg thoe not n nO affect ill all alike alke or trans rails the constitutional limits IH Is II an un Infringement upon the fundamental law lawand lawand and Is void voil There here Is no n legislative au nu authority thorl to change chang tho the classification of ot courts made by the tha Constitution nor norto norto to prescribe a Jurisdiction for tor one tri trl tn hanoi bunal different from that of ot another of ot the thin same das class The statute In III con being Invalid the Judgment herein must be with wih costs 1 |