Frantz

This action was originally brought in a justice court. The complaint alleged “that the said defendant is indebted to said estate in the sum of $568.75 for toll, rent of stable, and blacksmith-shop, and boarding men from July 1, 1898, to January 1, 1899, at the agreed price of $87.50 per month; that no part of said sum has been paid, except the sum of $368.25, leaving a balance due and owing from the said defendant to the said plaintiff of $200.50, no part of *561 which sum has been paid.” The answer and cross-complaint were intended by the pleader to raise the question of the legality of that part of the amount claimed in the complaint which is for tolls due plaintiffs. It will be presumed (although the record is silent as to the matter) that the justice certified the case to the superior court upon the ground that it involved the legality of a toll. The ease was tried before the court, findings filed, and judgment entered for plaintiffs for the amount claimed in the complaint. Defendant appeals from the judgment and from an order denying his motion for a new trial.

It is said in appellant’s brief: “The principal contention made for a reversal of the judgment is that the finding…