
    KNOXVILLE,
    SEPTEMBER TERM, 1848.
    Farnsworth v. Bell.
    MOTION BY SURETY AGAINST PRINCIPAL.
    Trial by Circuit Judge without Jury.
    Upon trial of a motion to recover money paid as surety, originally made before a Justice of the Peace, the Circuit Judge is competent to try without a jury.
    Farnsworth paid money as surety for Bell, and took judgment for the amount, on motion before a justice of the peace. Defendant obtained writs of certiorari and supersedeas, and brought 'the papers up to the circuit court. The Circuit Judge gave judgment in favor of the defendant, from wbicb the’ plaintiff appealed to the supreme court. 
    
    Maxwell, for plaintiff in error.
    Arnold, for defendant in error.
    
      
      (1) Justice of Peace no jurisdiction in such cases. Vanbibber v. Vanbibber, 10 Humph. 53. Unless such suretyship appear on the face of the note, bill, bond, etc., Cannon v. Wood, 2 Sneed 177. Statutes authorizing such motions to be strictly construed and pursued, Fussel v. Greenfield, 1 Sneed 337; Voorhies v. Dickson, 1 Sneed 348; Watkins v. Barnes, 1 Sneed 201.
    
   Reese, J.,

delivered the opinion of the Court:

This was a matter which the circuit judge could determine without the intervention of a jury, and there was no error in the judgment below.

Judgment affirmed.  