McFarland v. O'Neil
Supreme Court of Pennsylvania
Appeal, No. 238, Oct. T., 1892, by defendant, E. M. O’Neil, trading as Pittsburgh Dispatch, from judgment of C. P. No. 2, Allegheny Co., July T., 1890, No. 96, on verdict for plaintiff, J. W. McFarland. Appeal from justice of the peace.
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Appeal, No. 238, Oct. T., 1892, by defendant, E. M. O’Neil, trading as Pittsburgh Dispatch, from judgment of C. P. No. 2, Allegheny Co., July T., 1890, No. 96, on verdict for plaintiff, J. W. McFarland. Appeal from justice of the peace. At the trial, before Magee, J., plaintiff presented his claim by showing a book account for merchandise sold and delivered to the amount of ©99.37, the last item bearing date Aug. 5, 1879, and also a claim for use of the yard from Jan. 1, 1877, to April 1, 1884, at ©52.00 a year, amounting to ©377, making a total of ©476.37. He allowed credits for advertising…
1Opinion of the Court
Per Curiam,
This suit originated before a justice of the peace, and came into the court below upon an appeal. The principal ground of defence was that the justice had no jurisdiction. This position, if properly taken, would necessarily oust the jurisdiction of the court. It is settled law that if the amount in controversy exceeds the jurisdiction of the justice, the court has no jurisdiction upon appeal.
The transcript of the alderman shows that the claim before him was for $195.32, for which amount judgment was given in favor of the plaintiff. In the plaintiff’s statement and affidavit of…
2Cases cited4 opinions
- Collins v. CollinsSupreme Court of Pennsylvania · 1861
- Van Swearingen v. HarrisSupreme Court of Pennsylvania · 1841
- Mattern v. McDivittSupreme Court of Pennsylvania · 1886
- Devereux v. EslingSupreme Court of Pennsylvania · 1847
3Cited by9 opinions
- Susquehanna County Auditors' ReportSuperior Court of Pennsylvania · 1936
- Morgan v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1906
- Shufflin v. Duster Contracting Co.Superior Court of Pennsylvania · 1921
- Hudson v. HudsonSuperior Court of Pennsylvania · 1902
- Radenbach's EstateSuperior Court of Pennsylvania · 1913
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