Weidenhamer v. Bertle
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northumberland county: Of January Term 1883, No. 101. This was au appeal from a judgment of a justice of the peace, entered in favor of John Bertie against W. D. Weidenhamer for $274.96, in an action brought by Bertie against Weidenhamer for work and labor done. Pleas, non-assumpsit, set-off, payment with leave, &c.
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Error to the Court of Common Pleas of Northumberland county: Of January Term 1883, No. 101. This was au appeal from a judgment of a justice of the peace, entered in favor of John Bertie against W. D. Weidenhamer for $274.96, in an action brought by Bertie against Weidenhamer for work and labor done. Pleas, non-assumpsit, set-off, payment with leave, &c. The transcript showed that the defendant was a non-resident of the county in which suit was brought, and that the summons was issued by the justice, December 6th 1880, returnable December 11th, more than four days later (contrary to the Act of…
1Opinion of the Court
The. opinion of the court was filed
Pee Cueiam.
The first and second specifications of error complain of the court for not doing those things which it was not aske'd to do, and which it might well have refused on the trial of the cause if asked. It was not before the court on certiorari, but on an appeal. It is true the jurisdiction of a justice is limited to cases wherein the sum demanded does not exceed three hundred dollars, and the record should .show that the" justice had jurisdiction of the cause of action and of the party. The transcript shows the defendant below appeared and went to…
2Cited by3 opinions
- Philadelphia v. DORTORTSuperior Court of Pennsylvania · 1965
- Gibson v. HaworthSuperior Court of Pennsylvania · 1911
- Appell v. Oppenheimer, Pennsylvania Court of Common Pleas, Lancaster County1903