Wiegand v. Duval-Wright Engineering Co.

TYRIE A. BOYER, Circuit Judge.

This is an appeal from a judgment of the small claims court of Clay County to the circuit court in and for said county. The parties will be designated by their position in the lower court.

The plaintiff commenced suit by the filing of a “Statement of Claim” in the small claims court. The statement of claim is brief and informal as is allowed by the several acts of the legislature creating small claims courts in this state. The pertinent portion of the statement of claim alleges as follows —

“That each of said defendants by the use of heavy and ponderous machinery…