Montgomery v. Heilman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Armstrong county: Of October and November Term 1880, No. 104. Appeal from a judgment entered by a justice of the peace in favor of Jacob TIeilman against Thomas Montgomery. The defendant was the executor of' Jacob Heilman, Sr., and the suit was instituted against him on the following bill: [Montgomery a.
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Error to the Court of Common Pleas of Armstrong county: Of October and November Term 1880, No. 104. Appeal from a judgment entered by a justice of the peace in favor of Jacob TIeilman against Thomas Montgomery. The defendant was the executor of' Jacob Heilman, Sr., and the suit was instituted against him on the following bill: [Montgomery a. Heilman.] Thomas Montgomery, Dr., To Jacob Heilman, Jan’y 21, ’79, amount of principal due per auditor’s report of distribution of the estate of Jacob Heilman, $95.87 Or. by cash paid, ,87.00 The defendant was duly summoned, and the transcript of the…
1Opinion of the CourtJustice Mercur
It may be conceded that this cause'of action was not within the jurisdiction of a justice of the peace. It is equally true that consent cannot giye jurisdiction so as to prevent objection thereto being made in a future trial of the cause. It however is not obligatory on a party to interpose such objection. In this case, as appears by the record, after the claim was filed the plaintiff in error appeared and at first objected, but afterwards agreed that the case be tried before the justice, and it was so tried. On appeal to the Common Pleas be made no allegation of want of jurisdiction. He put…
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