
    OCTOBER 28, 1802.
    John Drake v. G. M. Bedinger and Henry Clay.
    
      Upon a writ of error to reverse a judgment of the County Court of Bourbon county.
    
    1. Where a jurisdiction has once properly attached, it can be ousted only by the express words of the statute.
    2. The act creating the county of Nicholas out of a portion of the territory ■of the county of Bourbon did not oust the Bourbon courts of their jurisdiction ■of such matters as were depending before them from the territory of the new •Bounty, when the act toolc effect.
   The county court of Bourbon erred in dismissing the proceedings in this case for the cause stated in the record, because the act establishing the county of Nicholas provides that the courts of Bourbon shall retain jurisdiction of such matters as were then pending before them. When these proceedings were commenced the county court of Bourbon had jurisdiction of them, and when a jurisdiction has properly attached it can not be ousted but by express words and not by implication. This court would, therefore, reserve the judgment and send back the cause for the proceedings to commence at the stage where they were dismissed; but it being suggested from the bar that the only object to be accomplished by bringing this writ of error is to avoid the payment of the costs in the inferior court, it is adjudged and ordered that the said judgment be reversed, and the execution issued thereon be quashed, and that the plaintiff recover of the defendants his costs in this behalf expended, which is ordered to be certified to the said court.  