Wilkins v. Lee

The opinion of the court was delivered by

Burch, j. :

The question for decision in this case is whether a bill of particulars filed before a justice of the peace states a cause of action for trespass on real estate. If it does the matter was beyond his jurisdiction, the damages claimed exceeding $100. (Justices’ Code, § 6; Gen. Stat. 1901, § 5233.)

The justice rendered judgment for the plaintiff. The defendant appealed to the district, court and the plaintiff was again successful. The question of jurisdiction was first raised by a motion filed after the trial in the district court. The motion…