Attorney General Opinions and Advisory Letters

Decision Information

Decision Content

Opinion No. 12-952

November 1, 1912

BY: FRANK W. CLANCY, Attorney General

TO: Hon. K. K. Scott, District Attorney, Roswell, N. M.

JUSTICES OF THE PEACE.

Jurisdiction of justice of the peace limited to $ 100.00.

OPINION

{*108} I have just received your letter of the 28th ultimo in which you say you have been requested by R. D. Bell, Justice of the Peace of Precinct No. 2, of Chaves County, to advise him whether he has jurisdiction in cases where the claim does not exceed $ 200, exclusive of interest, under Sections 1 and 26 of Article VI of the State Constitution. I have the same opinion that you have and am quite clear {*109} that the effect of the Constitution was not to injure the jurisdiction of the justices of the peace, but merely authorized the legislature, if it sees fit so to do, to increase the jurisdiction from $ 100 to $ 200. The existing statute limiting the jurisdiction to $ 100 is not inconsistent with anything in the Constitution, and therefore continues in force under Section 4 of Article XXII.

I have heretofore given the same opinion as to the jurisdiction of justices of the peace.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.