l also lies as
a general rule to the High Court from the judgment of a county court or
of any inferior tribunal having civil jurisdiction.
(a) County Courts. Any party to an action or matter in a county court
who is dissatisfied with the determination or direction of the judge in
law or equity, or upon the admission or rejection of any evidence, may
appeal against the decision in the following cases: (1) if the amount of
claim or counter-claim in the proceeding exceeds L20; or (2) in all
equity matters or cases in which an injunction has been given; or (3) in
actions to recover possession of land where questions of title are
involved (County Courts Act 1888, S 120). In the case of a claim below
L20 no appeal lies except by the leave of the county court. The old
practice of appeal by way of special case as in appeals from justices
has been abolished, and the present procedure is by notice of motion
(R.S.C. O. LIX. rr. 10-18).
These appeals are heard in the king's bench division, except in the case
of appeals from judgments of a county court sitting in the exercise of
admiralty jurisdiction, which are heard by two or more judges sitting in
the probate, divorce and admiralty division. The chancery division has
never sat to hear "appeals" from a county court exercising equity
jurisdiction; but at times, by _prohibition_ or _certiorari_, has, in
effect, reviewed or restrained excess of jurisdiction by county courts
in equity matters.
The decision of the High Court on county court appeals is final unless
an appeal to the court of appeal is brought by leave of that court or of
the High Court (Judicature Act 1894, S 1, sub. sect. 5; Judicature Act
1873, S 45).
(b) Other inferior courts of civil jurisdiction. Appeals from the local
courts of record which still survive in certain cities, towns and
districts are in a somewhat anomalous position. The general rule is
that, unless a statute regulates such appeal, it may be brought in the
king's bench division of the High Court on notice of motion in any case
in which, before the Judicature Acts, the court of king's bench could
have reviewed the decision of the inferior court by writ of error. The
history of this question is dealt with in _Darlow v. Shuttleworth_,
1902, 1 K.B. 721.
In the case of the mayor's court of London, under the local and general
statutes regulating that court, the appeal is usually to the king's
bench division, but where there is what is termed "erro
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