S. Ewart Co. v. Carr

Reader, J.,

This case comes into court on an appeal from a judgment of David Stewart, justice of the peace. The plaintiff has filed its statement of claim in this court, and the defendant has filed an affidavit of *728defence in the nature of a demurrer, averring that the plaintiff’s statement is not sufficient in law. The ground alleged for this petition is that the cause of action stated in the statement of claim is different from that which was relied upon and tried before the justice.

It is well settled that upon an appeal from the judgment of a justice of the peace to the Court of Common…