Opinion
SEPTEMBER TERM, 1785.
THE defendant was brought before the Court on a Hab. Corp. and the return stated, that he was committed in execution by the warrant of a Justice of the peace for a debt of £ 10, 6, 3.
Sergeant moved that he should be discharged, on this principle, that although the errors of a Justice, while he keeps within his jurisdiction, are binding, 'till his judgment is reversed; yet where he exceeds his jurisdiction, all his acts are, in themselves, merely null and void.
BY THE COURT. — It appearing upon the face of the record, that the justice has exceeded his jurisdiction, by giving judgment, and issuing an execution, for a greater sum than ten pounds, we cannot but consider the whole as a nullity; and, for that reason alone, discharge the defendant.