Ellsworth v. Barstow
Supreme Court of Pennsylvania
ERROR to the common pleas of Bradford county. Christopher Warner for the use of C. R. Barstow against Oliver Ellsworth. This was an action of assumpsit brought before a justice of the peace, and was founded upon a judgment obtained before a justice of the peace in the state of New York. The cause was argued on a demurrer to the plaintiff’s declaration. The question was as to the jurisdiction of the justice.
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ERROR to the common pleas of Bradford county. Christopher Warner for the use of C. R. Barstow against Oliver Ellsworth. This was an action of assumpsit brought before a justice of the peace, and was founded upon a judgment obtained before a justice of the peace in the state of New York. The cause was argued on a demurrer to the plaintiff’s declaration. The question was as to the jurisdiction of the justice. The court below awarded a respondeat ouster: and the defendant declining to plead, a judgment secundum regulum was rendered against him.
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The question in this case is, whether a justice of the peace in this state has jurisdiction in a suit brought on a judgment recovered before a justice of the peace of the state of New York. The legislature, in conferring jurisdiction on magistrates over subjects of this description, have restricted them to suits upon a contraot express or implied : and by the course of decisions on this point it is held that these words embrace causes of action arising immediately out of a course of dealing between the parties, and not that sort of contract…
2Cases cited7 opinions
- Baker v. FieldSupreme Court of Pennsylvania · 1800
- Kean v. RiceSupreme Court of Pennsylvania · 1824
- Commonwealth ex rel. Potter v. ReynoldsSupreme Court of Pennsylvania · 1828
- Eason v. SmithSupreme Court of Pennsylvania · 1822
- Harmon v. DurhamNew York Supreme Court · 1829
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Birkhead v. WardSuperior Court of Pennsylvania · 1908
- Katch v. Benton Coal Co.Superior Court of Pennsylvania · 1902
- Plains Township's AppealSuperior Court of Pennsylvania · 1902
- Koons v. HeadleySupreme Court of Pennsylvania · 1865
- Katch v. Benton Coal Co., Pennsylvania Court of Common Pleas, Centre County1902