Judgment of the Court
THE JUSTICE.-The respondent moves to quash for want of jurisdiction.
This is an action to reform an account (en r6formation de conpte), in which the plaintiff alleges that his interest in the sum with respect to which the new account is claimed amounts to $1,000. By the conclusions of the declaration it is prayed that the defendant should be ordered to render an account and, in default of his doing so, that he be condemned to pay the said sum of $1,000. The judgment of the court below orders an account and, in default of compliance with the order, the defendant is condemned to pay the sum of $1,000. On these facts I am of opinion that the amount in controversy is the amount with respect to which the plaintiff claims an interest to have the account corrected, viz., $1,000, which sum is not within the appealable limit; and the motion to quash should be granted with costs.
I distinguish this case from the case of Bell Vipond(l).
In that case an account was filed pursuant to the judgment of the court and, on the discussion of the account, the conclusions of the original declaration were amended and the plaintiff's demand Sr. increased to an amount exceeding $2,000.
See per DEMR Taseliereau J., at page 176:
The plaintiff, a contestation that account, claimed to The Chief entitled to an amount which, though not specified, yet, his allega- Justice.
tions, clearly amounted to a sum exceeding two thousand dollars, withdrawing expressly the alternative conclusion his declaration for one thousand dollars.
The motion is allowed with costs.
Appeal quashed with costs.