Appeal from Superior Court, Pima County; John D. Lyons, Jr., Judge.
Reversed with instructions.
Fred W. Fickett and William S. Dunipace, both of Tucson, for appellant.
Krucker & Fowler, of Tucson, for appellee.
Stanford, Chief Justice. La Prade and Morgan, JJ., concur.
Stanford, Chief Justice.
[64 Ariz. 372] This action was brought in the Superior Court of Pima County, Arizona, asking for a judgment of $ 178.42 and costs.
In this opinion we will style the parties as they were in the Superior Court.
Although the case went to judgment in favor of plaintiff, defendant below, after plaintiff's case was submitted, filed his motion to dismiss stating, "that the amount in controversy in this action is less than Two Hundred ($ 200.00) Dollars, and that this court, therefore, has no jurisdiction of this cause since the Justice Court has exclusive jurisdiction thereof."
Article 6, Sec. 6, Constitution of Arizona, pertains in part to the jurisdiction of superior courts as follows:
"The superior court shall have original jurisdiction in all cases of equity and in all cases at law * * *, and in all other cases in which the demand, or the value of the property in controversy amounts to two hundred dollars exclusive of interest and costs, * * *.
"The superior court shall also have original jurisdiction in all cases and of all proceedings in which jurisdiction shall not have been by law vested exclusively in some other court; * * *."
Article 6, Sec. 9, Constitution of Arizona, in reference to jurisdiction of justices of peace states:
"The number of justices of the peace to be elected in incorporated cities and towns and in precincts, and the powers, duties, and jurisdiction of justices of the peace, shall be provided by law: Provided, that such jurisdiction granted shall not trench upon the jurisdiction of any court of record, except that said justices shall have concurrent jurisdiction with the ...