Green v. Patterson
Superior Court of Pennsylvania
Appeal, No. 74, March T., 1896, by defendant, from order of C. P., Delaware Co., June T., 1895, No. 78, refusing to make absolute the rule taken by defendant to show cause why judgment should not be entered on the verdict without costs. Trespass for injuries done to land. The form of the writ was trespass. The nature of the statement was, in substance, assumpsit alleging breach of conditions and covenants under a lease. The plea was not guilty.
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Appeal, No. 74, March T., 1896, by defendant, from order of C. P., Delaware Co., June T., 1895, No. 78, refusing to make absolute the rule taken by defendant to show cause why judgment should not be entered on the verdict without costs. Trespass for injuries done to land. The form of the writ was trespass. The nature of the statement was, in substance, assumpsit alleging breach of conditions and covenants under a lease. The plea was not guilty. No affidavit was filed under the act of March 20, 1810, that plaintiff did truly believe the debt due or damages sustained, exceeded the sum of $100.…
1Opinion of the Court
Opinion by
Smith, J.,
The act of March 20, 1810, 5 Sm. L. 172, provides (1) That justices of the peace “ shall have jurisdiction of all causes of action arising from contract, either express or implied, (with exceptions not material here) in all cases where the sum demanded is not above one hundred dollars; ” (2) That if an action be brought “ for any debt or debts, demand or demands, made cognizable as aforesaid,” and a verdict or judgment be obtained not exceeding, exclusive of costs, one hundred dollars, without an affidavit filed before issue of the writ, that the affiant “ did truly…
2Cases cited7 opinions
- M'Cahan v. HirstSupreme Court of Pennsylvania · 1838
- Livingston v. CoxSupreme Court of Pennsylvania · 1847
- Seitzinger v. SteinbergerSupreme Court of Pennsylvania · 1849
- Seip v. DrachSupreme Court of Pennsylvania · 1850
- Conn v. StummSupreme Court of Pennsylvania · 1854
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