Opinion
No. 270-75
June 15, 1976.
Appeal from District Court, Unit No. 3, Lamoille Circuit.
In cases brought in Small Claims Court when the amount sought in a counterclaim exceeds the maximum jurisdictional amount and no motion for severance is made, the cause should be transferred to the regular District Court docket. Therefore, the judgment dismissing the counterclaim is reversed and execution on the judgment for the plaintiff is stayed pending trial on the counterclaim.