The costs of appeal are assessed against the defendant.

Since this case is a small case, an appeal may be filed only when there is a ground set forth in the subparagraphs of Article 3 of the Trial of Small Claims Act, which does not fall under any of the grounds for appeal.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.