
    SOUDERS against STRATTON.
    ON CERTIORARI.
    Fictitious credit to give justice’s jurisdiction, illegal.
    
    The action below was brought on a bond; the principal and interest due at the commencement of the suit, was dols. 110.10, and so set forth in the state of demand; but the plaintiff' below, in order to bring his demand within the jurisdiction of the justice, credited in his state of demand against the defendant below, dols. 10.10 for services peformed, and considerations of friendship and good will. The court was moved to reverse the judgment of the justice, on the ground that the credits to bring an original debt within the jurisdiction of the justice, must be real; that it was evident on the face of the state of demand, that this was a fictitious credit, set up by contrivance to give the justice jurisdiction of the cause.
    
      
       S. P.post, 660.
      
    
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By the Court.

It is evident from the face of the record sent up by the justice, that the credits were not even pretended to be real. The law requires in this, as in all other judicial proceedings, good faith. There must be a real credit to reduce the demand to the justice’s jurisdiction.

Judgment reversed.

Cited in Farley v. McIntire, 1 Gr. 190; Howell v. Barnett, Spen. 265.  