Maiorana v. Sacchetti
Superior Court of Pennsylvania
Appeal, No. 149, Oct. T., 1919, by defendant, from judgment of C. P. Northampton County, Dec. T., 1917, No. 41, on verdict for plaintiff in the case of Joseph Maiorana v. Onofrio Sacchetti. Appeal from judgment of justice of the peace.
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Appeal, No. 149, Oct. T., 1919, by defendant, from judgment of C. P. Northampton County, Dec. T., 1917, No. 41, on verdict for plaintiff in the case of Joseph Maiorana v. Onofrio Sacchetti. Appeal from judgment of justice of the peace. Before Stewart, P. J. The plaintiff having filed no affidavit of claim, in accordance with the provisions of Practice Act of 1915, the defendant, before the jury was sworn, moved to have the appeal dismissed, and when the plaintiff; was called as a witness in his own behalf, the defendant objected ( to his being sworn and to his testifying in the case. The…
1Opinion of the Court
Opinion by
Trexler, J.,
The Act of May 14, 1915, P. L. 483, is as its title expresses, an act relating to practice in the courts of common pleas, etc.
In its first section it limits its application to actions of assumpsit and trespass — “brought in” any court of common pleas. Are the proceedings in appeal from the judgment of a justice of the peace to be regarded as an action “brought in” the court of common pleas? If they are, it follows that the plaintiff in such action must file a statement, as provided by the act.
The court below took the view that the act did not apjply. The decisions of the…
2Cases cited1 opinion
- Deihm v. SnellSupreme Court of Pennsylvania · 1888
3Cited by4 opinions
- Commonwealth ex rel. French v. FoleySuperior Court of Pennsylvania · 1920
- Maiorana v. Sacchetti, Pennsylvania Court of Common Pleas, Northampton County1922
- Manor Township School District v. Counts, Pennsylvania Court of Common Pleas, Lancaster County1940
- Moncuso v. Torro, Pennsylvania Court of Common Pleas, Montgomery County1936