Gordano v. Lunetta

The opinion of the court was delivered by

Minturn, J.

The writ in this cause removes for review a judgment of the small cause court before John C. LaFancherie, Esq., justice of the peace of the county of Essex, in an action in which the defendant Carmina Lunetta was plaintiff and this prosecutor was defendant. The suit was one of trespass for assault and batterjq and judgment was rendered for the plaintiff for $161 and costs.

The defendant insisted at the trial that the justice was without jurisdiction to hear the cause, since the act constituting the small cause court (Pamph. L. 1903, p. 251, §…