McDonald v. Dickens

Warner, Chief Justice.

This was a certiorari from a justice court. It appears from the record that McDonald sued Dickens and wife on a promissory note and lien. The defendants pleaded payment and set-off, and asked for a judgment against McDonald for $68.50. When the eertiorari came on to be heard in the superior court, the plaintiff’s counsel made a motion to dismiss it on the ground that the amount claimed by the defendants as a set-off was more than fifty dollars, and, *78therefore, an appeal was the proper remedy, and not certiorari, there being questions of fact involved in the case. The…