Kienzle v. Gardner

The opinion of the court was delivered by

Dixon, J.

This certiorari brings up the judgment of the District Court of Atlantic City, rendered March 16th, 1905, in favor pi the plaintiff for $2S8.1'r.

The plaintiffs state of demand sets forth a book account for potatoes sold and delivered, and in reply the defendant filed a notice of recoupment and failure of consideration, claiming judgment for $1,500. This notice was overruled on the ground of want of jurisdiction, and that ruling is assigned as a reason for reversal.

The District Court act (Pamph. L. 1898, p. 556) confers *259on that court…