Morris Plan Co. v. Kahen

ANDREWS, J., pro tem.

Defendant moves to dismiss this appeal upon the ground that the action having beer, commenced in the justice’s court where jurisdiction was limited to $300, and thereafter tried de novo on appeal to the superior court, no further appeal can be taken to this court.

The action in the justice’s court was upon a note for $198, and in that court defendant interposed an answer and counterclaimed for the sum of $500. The trial in the justice’s court resulted in a judgment for plaintiff in a total sum of less than '$300. An appeal was taken by defendant to the superior court and a…