McCaskey Register Co. v. Liggett

Brownson, P. J.,

When a case comes into court upon appeal from a justice of the peace, the plaintiff cannot substitute a different cause of action from that which was adjudicated by the justice. He must claim the same debt or assert the same demand for damages, though he may state his claim in a different form: Kraft v. Gilchrist, 31 Pa. 470; and he may ask for a larger amount of damages than he claimed below: Millar v. Criswell, 3 Pa. 449; not, however, increasing them to an amount in excess of the justice’s jurisdiction: Linton v. Vogel, 98 Pa. 457.

The plaintiff’s demand, as stated upon the…