Green v. Leymer
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin county. Richard Green confessed a judgment in favour of John Leymer before a justice, for a sum exceeding 100 dollars, a transcript whereof was filed by the plaintiff in the common pleas.
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ERROR to the common pleas of Dauphin county. Richard Green confessed a judgment in favour of John Leymer before a justice, for a sum exceeding 100 dollars, a transcript whereof was filed by the plaintiff in the common pleas. Subsequently the defendant represented to the justice that there had been a mistake in the original judgment, and the justice gave notice to the plaintiff to appear before him: the plaintiff did not appear, and the justice opened the judgment and inquired into the merits of the judgment, and reduced its amount. The plaintiff issued a scire Jadas quare execulio non out of…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
As to the first error, I think the court below was *382right in rejecting the docket of the justie. The sum claimed by the plaintiff before the justice, exceediig in amount the sum of 100 dollars, it is very clear from the a<t of assembly of the 20th of March 1810, giving jurisdiction to jistices of the peace in the cases therein specified, that the justice iould only take cognizance of the plaintiff’s claim by the consent and agreement of both the parties. The extent of his authority o' jurisdiction in such case is limited and confined by the…
2Cases cited1 opinion
- Brannan v. KelleySupreme Court of Pennsylvania · 1822
3Cited by7 opinions
- Hutchinson v. CommonwealthSupreme Court of Pennsylvania · 1847
- Swanger v. SnyderSupreme Court of Pennsylvania · 1865
- Smith v. WehrlySupreme Court of Pennsylvania · 1893
- Green v. MannCourt of Appeals for the D.C. Circuit · 1902
- Brown v. Allan E. Walker & Co.Court of Appeals for the D.C. Circuit · 1928
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