Dreesman, App; Harris and Another, Resp
Jurisdiction | England & Wales |
Judgment Date | 23 January 1854 |
Date | 23 January 1854 |
Court | Exchequer |
English Reports Citation: 156 E.R. 207
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 2 C L. R 498; 23 L J. Ex. 210.
dreesman, App.; harris and another, Re^p. Jan. 23, 1854-In actions brought in the county courts in cases where those courts have jurisdiction, an appeal lies, where the amount of the claim exceeds 201., although judgment be given for a smaller amount [S. C. 2 C L. K 498; 23 L J. Ex. 210.] This was an appeal from a decision of the judge of the county court of Newcastle. It was an action for the breach of a contract. The claim exceeded 201, but the judge had given judgment for 121. only. '208 PROCTOR V. BROTHERTON 9 EX 486 Bovill appeared for the appellant. Udall, for the respondents, objected that the appeal would not lie, on the ground that the judgment was for a sum under 201., and that, if an appeal were allowed here, a party might reserve to himself the right of appeal in all cases by extending his claim to a sum exceeding 201. Sed per Cunam (a) The Hth section of the 13 & U Viet. c. 61, enacts "that if either party in any cause of the amount to which jurisdiction is given to the county [486] courts by this Aft shrill be dissatisfied with the determination or direction of the said court in point of law, or upon the admission or rejection of any evidence, such party may appeal from...
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