Moritz v. Byerly

This appeal involves the sole question whether a court (here the district court) has jurisdiction of a counterclaim which is in amount below its minimum jurisdiction, the counterclaim not arising out of the same transaction as plaintiff's claim, but being of the general character warranting set off; and being pleaded only by way of set-off, without prayer for affirmative relief. The facts are these: The suit was by Mrs. Byerly (her husband joining her pro forma) against Moritz upon two promissory notes for the principal sum of $250 each, besides attorney's fees, executed by Moritz and payable…