Barclay v. Wyatt

This is an action arising under the landlord and tenant- statutes in which plaintiffs secured a judgment of $125 for rent and defendant was allowed $49 on his counterclaim, before a jury. Defendant has appealed from the judgment.

This suit was commenced before a justice of the peace. The justice certified the ease to the circuit court on the theory that title to real estate was involved. No such question arises, but the circuit court assumed jurisdiction and proceeded to try the case at the January term, 1928. No question of jurisdiction is raised. The petition on which the case went to trial…