Linkensdorfer v. Wentzel

The petition seeks recovery for $25.00, and omits all averment of appeal from the justice’s court.

The original petition was in like form, to which Judge Sayler of this court, sustained a demurrer as to jurisdiction of r,he court.

Plaintiff relies on 1 C. C.,830, McCullough v. Cramblett, (7th Circuit), which is a direct holding in his favor.

The decision is by a divided courh,and contrary to the uniform holding of our common pleas courts in this district from time within our memory.

The seventh circuit, not being the reviewing tribunal' of this court, does not bind our judgment, though entitled…