Vorwald v. Marshall

This action was commenced before a justice of the peace", and the plaintiff claimed to recover $100. There was a trial, and judgment was rendered for the plaintiff for $10, whereupon the plaintiff remitted “all claims for damages over and above twenty-four dollars and ninety cents.” At that time the right of appeal existed, but had not been exercised by either party. If the plaintiff had appealed, it is perfectly clear that he could not have recovered more than $21.90, and the pleadings in the circuit court would have so shown. The plaintiff did not appeal, but the defendant did, fifteen days…