Summary
In Reconstruction Finance Corp. v. S. Landow & Co., 8 Conn.Supp. 269, 270 (1940), the Superior Court ruled that it did not have jurisdiction to entertain a claim that was below that court's minimum jurisdictional limit despite the fact that the claim was joined in a complaint with three other claims that were above, and therefore within, the jurisdictional limit.
Summary of this case from Newtown Pool Service, LLC v. PondOpinion
File No. 55432
Jurisdiction is not conferred upon the Superior Court to entertain a claim below its monetary jurisdictional limit, because the count in which such claim is presented is joined in the same complaint with other counts in which the amount in demand is within the jurisdiction of the Superior Court. The provisions of section 5457 of the General Statutes, Revision of 1930, which apply to courts of limited jurisdiction, have no application to the Superior Court.
MEMORANDUM FILED APRIL 27, 1940.
Dennis T. O'Brien, Jr., of Meriden, for the Plaintiff.
Benjamin F. Goldman, of New Haven, for the Defendants.
Memorandum re amount of judgment.
The first count is based upon the nonpayment of a note of $250 dated March 21, 1932, payable three months after date, upon which there is an unpaid balance of $15. It is certain that the addition of interest to this sum until the present date, fails to describe a claim which, as to amount, is within the jurisdiction of this court.
This count is, however, followed by three others in the same complaint, the amount in demand in each of which is within the jurisdiction of the Superior Court. The fact that this is so does not confer jurisdiction on this court to entertain the claim described in the first count and render judgment thereon or include it in the total amount found due on all counts. The provisions of § 5457 of the General Statutes, Revision of 1930, which apply to courts of limited jurisdiction, have no application to the Superior Court. Brennan vs. Berlin Iron Bridge Co., 75 Conn. 393, 396, 397.