Bartnett

This is an appeal from a judgment for plaintiff, rendered by the superior court, in the sum of $271, together with interest thereon at the legal rate to date of judgment, amounting to $97.20.

The action was brought in the justice court, where it was tried upon the issues raised by the answer of defendant to the complaint. The justice of the peace rendered judgment for the plaintiff for the principal sum of $235.05, together with interest in the sum of $75.47.

Defendants appealed to the superior court upon questions of law and fact.

Before the cause came on for trial in the superior court defendants moved said court to dismiss the action upon the ground that neither the justice court nor the superior court had jurisdiction of the action, for the reason, as defendants claimed, that it appeared upon the face of plaintiff’s complaint that the amount sued for exceeded the sum of $300, exclusive of interest. The motion was denied. Subsequently when the cause was called for trial upon its merits defendants renewed their motion, and it was again denied, and the court tried the cause upon its merits.

At the conclusion of plaintiff’s evidence defendants moved for a nonsuit upon the…