Morrison v. Weaver
Supreme Court of Pennsylvania
In Error. ON the return of the record in this case on a writ of error to the Court of Common Pleas of..Lancaster county, it appeared, that the plaintiff and defendant, agreeably to the 14th section of the act of assembly of 20th March, 1810, sub-«fitted to a justice of the peace a matter exceeding one hundreci dollars in value.
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In Error. ON the return of the record in this case on a writ of error to the Court of Common Pleas of..Lancaster county, it appeared, that the plaintiff and defendant, agreeably to the 14th section of the act of assembly of 20th March, 1810, sub-«fitted to a justice of the peace a matter exceeding one hundreci dollars in value. Referees were appointed by consent, 11 J ' on whose report judgment was rendered for the plaintiff, Tbe defendant entered an appeal to the Common Pleas, whjeh the plaintiff moved to quash. During the pendency of this motion, he entered a rule of reference under the…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson J.
If the jurisdiction of the justice were compulsory and not the parties own choice, I would incline, as far as latitude of construction might go, to support the appeal. But the common objection of deprivation of trial by jury does not apply in this instance, and I, therefore, see no reason to suppose the legislature intended those. provisions of the one hundred dollar act, which give an appeal in cases within the limit of the justices’ compulsory jurisdiction, should also be applied to those in which he obtains jurisdiction by the assent of the…
2Cases cited1 opinion
- Moore v. WaitSupreme Court of Pennsylvania · 1807
3Cited by2 opinions
- Mayes v. JacobySupreme Court of Pennsylvania · 1822
- Stoy v. YostSupreme Court of Pennsylvania · 1825