Stewart v. Mercantile Bank & Trust Co.

On Motion for Rehearing.

JONES, C. J.

At a former day of this term, appellee’s motion to dismiss this appeal was granted. The ground of the motion was that the amount in controversy did not exceed $100, this being a suit to recover on an alleged debt of less than $100 and to foreclose a chattel mortgage on an automobile of the value of $100.

Appellant has filed a motion for rehearing, claiming that, in the court below, he filed a cross-action for damages against appellee in the sum of $150. It appears from the agreed case that an exception was sustained to the cross-action asserted by appellant…