Gasparowicz v. Oshinsky

The record of the case shows so irregular a course of practice, both previous to and at the trial, as alone to require a reversal; but, on what may be called the merits, plaintiff sued for $17 wages, which claim defendant expressly admitted and interposed a counterclaim of $12. In any view of the controversy therefore, plaintiff was entitled to a judgment for $5.

Judgment reversed, and new,trial granted, with costs to appellant to abide the event. All concur. i