Peter v. Schlosser
Supreme Court of Pennsylvania
Error to the Court of Common.Pleas of Lehigh county: Of July Term 1875, No. 40. This case was originally commenced before a' justice of the peace, of whose proceedings the following is a transcript:— “Benjamin Schlosser v. Santee Peter. “ Civil suit. Summons issued December 9th 1871, to the constable, &c. * * * Returnable the 16th of December.
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Error to the Court of Common.Pleas of Lehigh county: Of July Term 1875, No. 40. This case was originally commenced before a' justice of the peace, of whose proceedings the following is a transcript:— “Benjamin Schlosser v. Santee Peter. “ Civil suit. Summons issued December 9th 1871, to the constable, &c. * * * Returnable the 16th of December. December 11th 1871, plaintiff claims as follows: Sold to the defendant twenty-one square of slate, at $5.50 per square, amount $115.50; two load chips, at 50 cents a load, amount $1; one log, twenty-four feet, at seven cents, per foot, amount $1.68; one…
1Opinion of the CourtJustice Mercur
The record does not show any exception to the charge, nor to the answer of the court, on the points submitted. The only question then is, whether the record shows want of jurisdiction ?
The case originated before a justice of the peace by summons, under the Act of 1810. By that act jurisdiction is given to a justice of the peace only'“in cases where the sum demanded is not above $100.” A creditor who has a claim on, his debtor exceeding $100, cannot give jurisdiction to a justice by allowing a credit to the defendant of a distinct and independent debt, so as to reduce his own demand below…
2Cited by5 opinions
- Bauman v. BittnerSuperior Court of Pennsylvania · 1943
- Ballingall v. KiteSuperior Court of Pennsylvania · 1909
- Zimmerman v. SnyderSuperior Court of Pennsylvania · 1899
- Givens v. LedebrinkSuperior Court of Pennsylvania · 1906
- Sando v. Seeley, Pennsylvania Court of Common Pleas, Luzerne County1944