Kahen

Defendant moves to dismiss this appeal upon the ground that the action having beer, commenced in the justice’s court where jurisdiction was limited to $300, and thereafter tried de novo on appeal to the superior court, no further appeal can be taken to this court.

The action in the justice’s court was upon a note for $198, and in that court defendant interposed an answer and counterclaimed for the sum of $500. The trial in the justice’s court resulted in a judgment for plaintiff in a total sum of less than '$300. An appeal was taken by defendant to the superior court and a trial had upon the same pleadings, resulting in a judgment that plaintiff take nothing and defendant have judgment against the plaintiff for the sum of $55, and costs.

It has been determined in this state that the putting in of a counterclaim for a sum greater than $300 does not oust the justice of jurisdiction and that such a pleading may be stricken on motion. It has also been held that, after appeal to the superior court, pleadings may be amended but the amendment must be confined, whether on the part of plaintiff or of defendant, to the jurisdictional sum of $300, and that on such appeal the superior court…