Bazire v. Barry
Supreme Court of Pennsylvania
THE plaintiff sued the defendant for trespass quare clausum fregit, and taking away money and goods. The case was arbitrated under the act of 20th March, 1810, apd 250 dollars were awarded to the plaintiff. After the award was filed, the plaintiff filed a declaration laying the damages at more than 500 dollars. ' ■ moved the Court to ; stay proceedings, on the ground that the matter in controversy did not amount to 500 dollars, and therefore the Court had not jurisdiction.
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THE plaintiff sued the defendant for trespass quare clausum fregit, and taking away money and goods. The case was arbitrated under the act of 20th March, 1810, apd 250 dollars were awarded to the plaintiff. After the award was filed, the plaintiff filed a declaration laying the damages at more than 500 dollars. ' ■ moved the Court to ; stay proceedings, on the ground that the matter in controversy did not amount to 500 dollars, and therefore the Court had not jurisdiction. He admitted that, in actions such as this, sounding in damages, if the amount of damages laid in the declaration exceeded…
1Opinion of the Court
Tilghman C. J.
This is a question of jurisdiction. To give jurisdiction to this Court, the matter in controversy must amount to the value of 500 dollars. In actions of tort the damages laid in the declaration will be considered as determining the value of the matter in controversy. It was so decided by this Court, in Hancock, v. Barton. But the plaintiff filed no declaration in this case; nor was it necessary, because the action was submitted to arbitrators. If a declaration was not necessary, the plaintiff must not be injured by the omission of it. But how then, says the defendant, is the…
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