Merriman v. Chura

KAROHL, Chief Judge.

Defendant appeals denial of his application for Trial De Novo after judgment for plaintiff in a court tried case by an associate circuit judge. The petition alleged two causes, negligence and fraud. The prayer was for $5,000 and costs on each, inconsistent and alternative count.

We must first decide a jurisdictional dispute. ' Defendant argues that he is entitled *200to a trial de novo in the circuit court because the case was tried without a jury before an associate circuit judge where the claim for damages did not exceed five thousand dollars and was never assigned to the…