17 Wash. 606 | Wash. | 1897
The opinion of the court was delivered by
Plaintiffs commenced an action in the superior court to recover damages in the sum of $26.50, for breach of warranty by defendant against incumbrances upon real estate conveyed by defendant to plaintiffs. The
Respondents also move to dismiss the appeal for the reason that this court has no jurisdiction to hear the same, the amount involved being less than $200. Counsel for defendant contends that the cause involves the legality of a tax and assessment and the validity of a statute, and thus falls within the exception in section 4, article 4 of the constitution, that if “ the action involves the legality of a tax, impost, assessment, toll, municipal fine or the validity of a statute,” an appeal will lie.
We do not think the cause appealable, and the appeal is therefore dismissed.
Anders and Dunbar, JJ., concur.