Linton v. Vogel
Supreme Court of Pennsylvania
October 3d 1881. Before Sharswood, O. J., Mercur, Gordon, Paxson, Trunkey, Sterrett and Green, JJ. Error to the Court of Common Pleas No. 1, of Allegheny county: Of October and November Term 1881, No. 172. Appeal from the judgment of a justice of the peace. Assumpsit.
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October 3d 1881. Before Sharswood, O. J., Mercur, Gordon, Paxson, Trunkey, Sterrett and Green, JJ. Error to the Court of Common Pleas No. 1, of Allegheny county: Of October and November Term 1881, No. 172. Appeal from the judgment of a justice of the peace. Assumpsit. Yogle brought suit against Linton, before the justice, and recovered a judgment by default for $75, being the amount of damages claimed by the plaintiff for the non-fulfillment by defendant of a contract to farm a tract of land on shares. The defendant appealed to the Common Pleas, whereupon plaintiff filed an affidavit in which…
1Opinion of the CourtJustice Sterrett
While it is true, in a certain sense, that on appeal from the judgment of a justice the proceedings are de novo, it is well settled that the cause of action cannot be changed, nor can the demand be increased beyond the limit of the justice’s jurisdiction, except so far as to embrace interest which has accrued since the institution of suit. A verdict and judgment for more than that is conclusive that the action was either erroneously brought or improperly prosecuted; Darrah v. Warnoch, 1 P. & W. 21. In the preseut case the plaintiff’s demand, before the justice, was $75, damages for breach of…
2Cited by7 opinions
- Shafer v. CascioSupreme Court of Pennsylvania · 1926
- Wallace v. DegreeCourt of Appeals for the D.C. Circuit · 1912
- Goelz v. EcclestonSuperior Court of Pennsylvania · 1924
- Adams v. Coutts, Pennsylvania Court of Common Pleas, Cambria County1962
- Dougherty v. HebbleSupreme Court of Pennsylvania · 1932
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