Bower v. McCormick
Supreme Court of Pennsylvania
Erro» to the Court of Common Pleas of Lycoming county: No. 47, to January Term 1872. This case commenced before a justice of the peace. It was an action of trover and conversion by Seth T. McCormick against John Bower; the summons was issued April 28th 1856, returnable May 8d 1856. The transcript of the justice is as follows: “ May 3d 1856, plaintiff appears, defendant does not appear.
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Erro» to the Court of Common Pleas of Lycoming county: No. 47, to January Term 1872. This case commenced before a justice of the peace. It was an action of trover and conversion by Seth T. McCormick against John Bower; the summons was issued April 28th 1856, returnable May 8d 1856. The transcript of the justice is as follows: “ May 3d 1856, plaintiff appears, defendant does not appear. Plaintiff claims the value of 107 saw logs, measuring 20,310 feet board measure, at $6 per thousand, from which he deducts $22 — leaving a balance now claimed of $99.86. Cause continued to May 9th 1856. * * *…
1Opinion of the Court
The opinion of the court was delivered, May 17th 1873,by
Agnew, J.
The cases upon the subject of the jurisdiction of justices of the peace, under the Act of 1810, when the demand of the plaintiff is reduced by his own abatement below $100, are not wholly free from inconsistency. It seems to be taken for granted in the earlier cases, that a plaintiff can remit a part of his claim, and thereby confer jurisdiction. In Darragh v. Warnock, 1 Penna. R. 21, where a verdict was rendered for $114.99, within six months after the judgment by the justice, this court said: “A plaintiff may, undoubtedly,…
2Cases cited2 opinions
- Stroh v. UhrichSupreme Court of Pennsylvania · 1841
- Cleaden v. YeatesSupreme Court of Pennsylvania · 1840
3Cited by6 opinions
- Woods v. Massachusetts Protective Ass'nDistrict Court, E.D. Kentucky · 1929
- Field Enterprises Educational Corp. v. GolattSuperior Court of Pennsylvania · 1962
- Brands v. WiseSuperior Court of Pennsylvania · 1901
- Simon v. IrwinSuperior Court of Pennsylvania · 1929
- Zimmerman v. SnyderSuperior Court of Pennsylvania · 1899
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