
    Ellis against Brewster.
    The court of common pleas has not jurisdiction of an appeal by a defendant from the judgment of a justice of the peace for a sum less than five dollars and thirty-three cents, where no cross account is set up, and no greater sum is in dispute.
    ERROR to Bradford county.
    James Brewster against Joseph H. Ellis. Appeal from the judgmerit of a justice. The plaintiff’s demand was for four dollars before the justice, and the judgment was in his favour for that sum; the defendant appealed. The cause was tried in the common pleas, and the defence was, that the plaintiff’s claim arose out of a partnership transaction, and therefore account render, of which a justice had no jurisdiction, was the appropriate remedy; but the court below, being of a different opinion, the cause went to the jury, who found a verdict for the plaintiff’s claim.
   The same point was argued in this Court.

Per Curiam.

We think it our duty to interpose on a ground not taken by counsel. The-defendant below, appealed from the judgment of a justice against him for four dollars; and it does not appear from any cross demand set up before the magistrate, or in the common pleas, that more was in dispute: so that the common pleas could not rightfully hold jurisdiction of the appeal. The judgment is therefore reversed, the apeal quashed, and the record remitted to have the judgment of this court carried into execution.

Judgment reversed.  