Parson v. Downer

Brownson, P. J.,

The sole questions of law which the statutory demurrer purports definitely to raise are whether, after the bringing into court, upon an appeal taken by the defendant, of an action of trespass commenced before a justice of the peace, the plaintiff can claim as the damages caused by the trespass, and the court has jurisdiction to award, the items of loss set out in the statement of claim aggregating a larger sum than the amount stated upon the record of the justice.

It might be remarked that, as the defendant is not required to answer the averments as to losses and damages…