
    No. 511
    MALBIN BROS. CO. v. SCHWARTZ
    No. 19772.
    Supreme Court
    On motion to certify.
    Dock. Apr. 14, 1926.
    681. JURISDICTION — Within the purview of 1579-6 (3) GC., which provides that Cleveland Municipal Court shall have jurisdiction in all contract cases where the amount claimed does not exceed $2500, does the court have jurisdiction where the interest on the principal sum would place the amount over the jurisdictional limit?
    Attorneys — Morgenstern & Morgepstern for Co.; Gordon & Gordon and A. L. Kreisberg, for Schwartz; all of Cleveland.
   M. A. Schwartz brought this action originally in the Cleveland Municipal Court against The Malbin Bros. Company for $2,475.89 and interest, making a total up to the date of filing the suit of $2,534.97. Judgment was rendered by the Municipal Court for Schwartz for $1,-343.72, including costs and interest.

Error was prosecuted to the Cuyahoga Appeals on the sole ground that the Municipal Court had no jurisdiction of the subject matter. The judgment was affirmed on the ground that substantial justice had been done.

The Company, in the Supreme Court, contends :

1. That the amount claimed and not the amount of the judgment determines the Court’s jurisdiction.

2. That the words “Amount claimed” in the statute mean the amount of damages claimed plus the interest up to the date suit was filed.  