Raisch

The plaintiff brought this action in the justice’s court to recover from the defendant the sum of two hundred and ninety-nine dollars, alleging in his complaint that his assignor had entered into a contract with the defendant for the doing of certain work in improving a street in Sausalito, and that the defendant had agreed to pay the above sum therefor. The defendant answered the complaint by a general denial, and also pleaded, as a separate defense, a former judgment in its favor upon 'the same cause of action. The cause was tried in the justice’s court and judgment rendered in favor of the plaintiff, from which the defendant appealed to the superior court upon questions of both law and fact. Hpon the trial in the superior court judgment was rendered in favor of the plaintiff, from which the defendant has appealed to this court. The plaintiff now moves to dismiss the appeal, upon the ground that this court has no jurisdiction to entertain the same; that the amount of his demand being less than three hundred dollars the justice’s court had jurisdiction of the case, and the judgment of the superior court upon the appdal therefrom is final. The motion is resisted by the appellant…