Legal Opinion

Dick v. Gaskill

Supreme Court of Pennsylvania

Decided January 28, 1837PublishedCited by 3 opinions

This was a writ of error to the District Court for the city and county of Philadelphia, in which court Josiafi Gaskill jr. brought an action on the case against William A. Dick, to recover damages, for the non-performance by the defendant of a certain agreement or guarantee.

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This was a writ of error to the District Court for the city and county of Philadelphia, in which court Josiafi Gaskill jr. brought an action on the case against William A. Dick, to recover damages, for the non-performance by the defendant of a certain agreement or guarantee. The writing upon which the action was brought, was made on the 1st day of May, 1834, and the defendant therein stipulated as follows : “ The said William A. Dick, for his part guarantees, that Samuel Loyd, for whom he is guardian, will stay with, and work for the said Josiah Gaskill, Jr. until he become twenty-one years…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

By the act of assembly of the 30th of March, 1811, the District Court of the city and county of Philadelphia, has no jurisdiction, except where the sum in controvery exceeds one hun-, dred dollars. Where it is less than that sum, or only reaches it, the jurisdiction belongs to the Court of Common Pleas, or a justice of the peace. In Kline v. Wood, (9 Serg. & Rawle, 294,) this subject was carefully examined by Mr. Justice Duncan ; and in delivering the opinion of the court, he lays down the rule to be, that in personal actions, it is not the…

2Cases cited2 opinions

  1. Kline v. WoodSupreme Court of Pennsylvania · 1823
  2. Ancora v. BurnsSupreme Court of Pennsylvania · 1813

3Cited by3 opinions

  1. Keck v. BieberSupreme Court of Pennsylvania · 1892
  2. New Holland Turnpike Co. v. Lancaster CountySupreme Court of Pennsylvania · 1872
  3. Foster v. PasserieuxSuperior Court of Pennsylvania · 1908

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