Carter v. Gullett

The first-impression question sought to be presented by this original proceeding for a writ of prohibition is whether a small claim may be transferred to another docket of the district court when defendant’s answer with counterclaim for a sum above the small claims’ statutory value limit of $600.001 is filed [and notice thereof given] less than 48 hours before the time fixed for trial. Petitioners [plaintiffs] ask that we. hold the district court powerless to transfer a claim in these circumstances. We accede *642to their plea and prohibit the district court from enforcing what we declare to be…