Gullett v. Blanton

Opinion of the Court by

Judge Carroll

Reversing.

Tbe only question in tbis case is tbis: Has a justice of tbe peace jurisdiction to give judgment for tbe plaintiff on a claim witbin bis jurisdiction after tbe defendant bas filed a counterclaim or set-off exceeding tbe jurisdiction of justices of tbe peace and moved to transfer tbe case to a court having jurisdiction of tbe set-off or counterclaim?

Section 720 of tbe Civil Code, wbicb is a part of tbe chapter relating to tbe practice in and jurisdiction of inferior courts, including justices’ courts, provides that “A set-off or counterclaim,…