Cross v. Eaton

Where a case has been tried in justice’s court, and an appeal taken to the circuit, the jurisdiction of the latter is appellate. To enlarge the claim of the plaintiff or that of the defendant in the circuit court, would to that extent be original and not appellate jurisdiction.

The statute in relation to set-off in justice’s court provides that if the balance found due to the defendant exceed three hundred dollars, the justice shall set off so much of the defendant’s demand against the plaintiff’s debt as shall be sufficient to satisfy it, if requested to do so by the defendant, and shall…