
    Franklin Bolio v. Mary J. French and Hannah Potter.
    
      Practice in the Circuit Court: Certificate to appellate court. There is no authority for a certificate by a Circuit Judge to the Supreme Court that a recovery of less than $100 was occasioned by a voluntary surrender of property for' which the plaintiff had brought an action of trover.
    
      Heard and decided July 11.
    
    Error to St. Clair Circuit.
    This was an action of trover brought by Mary J. French and Hannah Potter in the Circuit Court for the County of St. Clair, against Franklin Bolio, for property alleged in the declaration to be of the value of $600. Tbe cause was tried by a jury, who found for the plaintiffs a verdict of $43.45, for which a judgment was entered with costs to the plaintiffs.
    The defendant below brings tbe cause into this Court by writ of error, and assigns for error, that the judgment for damages was for less than $100 and for not enough to entitle the plaintiffs to costs.
    
      J. Atkinson now moves, — on the ground that a large portion of the property described in tlie declaration was voluntarily surrendered, after suit brought and before trial, and the verdict was thereby reduced to a sum less than $100, — that an order be entered here requiring tlio Circuit Judge to certify tbe facts to this Court.
    
      Mitchell & Farrancl, contra.
    
   The Court held that there was no authority in the statutes for the Circuit Judge to make any such certificate, and therefore there could bo no propriety in making any sucb order.

The judgment below was thereupon reversed without argument.  