Donohue

*21 This is an appeal from the Small Claims Court of Petaluma Township. The appeal is taken by the defendant from the judgment of Justice of the Peace John P. Gallagher, sitting as a justice, presiding in the Small Claims Court, who gave judgment for the plaintiff for the sum of $33.10.

The notice of appeal does not state whether the appeal is taken on questions of law or fact, nor does the section of the code authorizing an appeal to be taken from the Small Claims Court to the Superior Court indicate how the case is to be disposed of in the Superior Court — whether it is to be heard on a statement or is to be tried de novo.

Section 927 — j, C. C. P. provides as follows:

It will be noted that this section, granting the right of appeal from the Small Claims Court, gives to the defendant, if dissatisfied, the right of appeal but denies the same privilege to the plaintiff. The Court cannot avoid the contusion *22 that in giving the defendant the right of appeal and denying the same right to the plaintiff an arbitrary discrimination has been made between the parties and do.es not give the plaintiff an equal protection of the law with the defendant, and is therefore in violation of…