Simmons v. Brainard
California Supreme Court Jul 1, 1859Published
Before: Baldwin
Synopsis
In an action of damages, laid at two hundred dollars, defendant plead a general denial, and an offset of one hundred and twenty-five dollars. ITdd, that the Supreme Court has no jurisdiction, the amount in dispute being less than two hundred dollars; and that the fact that an offset was plead did not alter the case.
Baldwin, J. delivered the opinion of the Court—Field, C. J. concurring.
We have no jurisdiction in this case; the amount being less than two hundred dollars. The fact that an offset was pleaded by defendant, does not alter the case; if so, whenever an offset to the amount of two hundred dollars was set up in a Justice's Court, the jurisdiction would be ousted.
Appeal dismissed.
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