SIMMONS v. BRAINARD

SIMMONS v. BRAINARD. 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. Appeal from the Sixth District. ' Suit in Justice's Court for two hundred dollars damages, for breach of warranty on sale of a horse. Answer was general denial, with plea of one hundred and twenty-five dollars offset, for which defendant asked judgment. The Justice gave plaintiff judgment for twenty-five dollars. Defendant appealed to the County Court, where a jury found for him eighty-six dollars. From a judgment for this'sum, plaintiff appeals to the Supreme Court. C. Cole, for Appellant. W. S. Long, for Respondent. [MAJORITY — Baldwin, J.] 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.