Legal Opinion

Murdy v. McCutcheon

Supreme Court of Pennsylvania

Decided November 8, 1880PublishedCited by 30 opinions

Error to Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1880, No. 272. This was an action of debt brought before a justice of the peace under the Act of July 7th 1879, Pamph. L. 194, by James McCutcheon and his wife, for use of the latter, to recover upon a joint contract.

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Error to Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1880, No. 272. This was an action of debt brought before a justice of the peace under the Act of July 7th 1879, Pamph. L. 194, by James McCutcheon and his wife, for use of the latter, to recover upon a joint contract. The following was the form of the summons issued by the * justice: “ County of Allegheny, ss. — The Commonwealth of Pennsylvania to James Morford, or next constable: You are hereby commanded to summon George Murdy and John Murdy to be and appear before the subscriber, James Grubbs, Esq., a…

1Opinion of the CourtJustice Mercur

All civil jurisdiction of justices of the peace in this Commonwealth is-given by Acts of Assembly. It is limited to the amount therein specified and restricted to certain forms of action. Care should be taken that they have jurisdiction of the subject-matter of which they take cognisance, and of the person of each on whose rights they profess to pass. Holding a court of limited jurisdiction, their record should show every fact necessary to give jurisdiction whenever it is exercised: Alberti v. Dawson, 1 Binn. 106; Camp v. Wood, 10 Watts 118.

All compulsory appearance before a justice of the…

2Cases cited2 opinions

  1. Camp v. WoodSupreme Court of Pennsylvania · 1840
  2. Summeril v. ElderSupreme Court of Pennsylvania · 1804

3Cited by30 opinions

  1. Commonwealth v. ShawellSupreme Court of Pennsylvania · 1937
  2. Summers v. KramerSupreme Court of Pennsylvania · 1921
  3. Paulson v. EisenbergSuperior Court of Pennsylvania · 1938
  4. Phœnix Iron Works Co. v. MullenSuperior Court of Pennsylvania · 1904
  5. Fantastic Plastics, Inc. v. FlahertyCommonwealth Court of Pennsylvania · 1976

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