Moore v. Wait
Supreme Court of Pennsylvania
In Error. If a justice gives judgment for a certain sum and interest, in the whole above his juridisction, and the defendant appeals to the Common Pleas, although he there pleads the general issue and goes to trial, judgment will be arrested. The proceedings WRIT of error to the Common Pleas of Washington county.
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In Error. If a justice gives judgment for a certain sum and interest, in the whole above his juridisction, and the defendant appeals to the Common Pleas, although he there pleads the general issue and goes to trial, judgment will be arrested. The proceedings WRIT of error to the Common Pleas of Washington county. Wait, the defendant in error, was sued before a justice of the peace, who gave judgment against him for 88 dolls. with interest from a certain day, making the whole amount 104 dolls. 26 cts. He appealed to the Common Pleas, and there pleaded the general issue to the plaintiff's…
1Opinion of the Court
Tilghman C. J.
The jurisdiction of the justice is founded on the act of Assembly; and having exceeded that jurisdiction, the judgment is erroneous. On the appeal every objection on the law or the merits was open to the appellant; and it appearing to the Common Pleas on the face of the record that the judgment of the justice was erroneous, it was their duty to arrest the judgment, although this matter was not pleaded.
Yeates J. and Smith J. concurred.
2Cited by15 opinions
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- Fox v. NachtsheimWashington Supreme Court · 1892
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- Owen v. ShelhamerSupreme Court of Pennsylvania · 1810
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