State ex rel. Wade v. Dalton

CLEMENS, Presiding Judge.

Original action in prohibition to prevent respondent circuit judge from taking jurisdiction of an appeal from a magistrate court because of an allegedly defective notice of appeal.

Relator Lyle Wade filed suit in magistrate court against Mary Nell Wade for the value of labor and materials furnished her. Defendant counterclaimed for $1,500, alleging plaintiff took possession of her automobile. The magistrate court gave plaintiff judgment for $600 and found against defendant on her counterclaim.

Defendant then filed the challenged notice of appeal: “TAKE NOTICE, that an…