Lundak v. Chicago & Northwestern Railway Co.

The plaintiff commenced .this action before a justice of the peace, and claimed to recover $40. There was a trial, and a judgment was rendered by the justice in favor of the plaintiff for $24. The defendant appealed to the circuit court, and, on motion of the plaintiff, the appeal was dismissed on the ground that the amount in controversy was less than $100; and the trial judge has, in substance, asked *474us to determine whether the appeal was correctly dismissed. The statute provides that “ any person, aggrieved by the fínal judgment of a justice may appeal therefrom to the circuit court in the…