Total Comfort, Inc. v. Alfred Benzenberg, Inc.

This is a motion hy the defendant to increase his counterclaim from $10,000 to $22,649.92. The plaintiff opposes the motion on the ground that subdivision (b) of section 208 of the Uniform District Court Act, which provides that the court shall have jurisdiction “ Of any counterclaim for money only, without regard to amount ’ ’ is unconstitutional.

The interesting question thus presented is whether the District Court which has limited monetary jurisdiction, has unlimited monetary jurisdiction as to counterclaims. This appears to be a question of first impression.

The District Court is not a…