
    In the Matter of David Marsh.
    Under the 11 act to extend the jurisdiction of justices of the peace,'’’ (sesg, 41. ch. 94.)"no appeal lies to tiie Court of Common, rleas, "unless the amoun't of the verdict or judgment "rendered, exceeds the sum of twenty-five dollars, exclusive of costs.
    MOTION for a mandamus, &c. directing the judges of the Court of Common Pleas of Onondaga, to vacate a rule or order rhade by that Court to qtiash an Appeal filed therein, in which David Marsh was appellant, 'and Benjamin •Pearce ’respondent. It appeared that Pearce, in a suit before A justice of the peace, against Marsh, recovered a verdict for twenty-five dollars, oti Which the justice gave judgment for thirty dollars and ninety-eight cents. Marsh, Under thé “ act to 'extend ‘the jurisdiction of justices of the peace/’ appealed to the 'Court of Common Pleas of the cotinty ; 'and the parties having appéaredon the appeal, the counsel for‘the respondent moved that the appeal be quashed, on the 'ground that it Appeared, ’from the return of the justice, that the Verdict and judgment Were fornb'tiiore than -twenty-five dollars, exclusive of costs. The Court of C. P. granted an order quashing the appeal.
   Pi'r Curiam.

The act (sess. 41. ch. 94. s. 17.) says, that Where on issue joined before a justice, in a suit brought uh•der the act, judgment shall :be rendered, either by verdict ibr withdut a jury trial, for above the sum of twenty-five dollars,” the party conceiving himself aggrieved, may appeal to th’e Court of Common Pleas., The object of the act WAS to extend the jurisdiction of justices of the peace to cases where the damages or thing demanded, exceeded twenty-five dollars, hut not exceeding fifty dollars; and to afford a remedy by appeal, in such case, as a certiorari would not lie. The verdict, in this case, is for twenty-five dollars only; and it is the amount of the verdict or judgment, exclusive of costs, that determines the right of appeal, and that must j-,e above the sum of twenty-five dollars. The order of the court below was, therefore,, correct; and the motion must be denied, with costs.

Motion denied, with costs.  