Legal Opinion

Cleaden v. Yeates

Supreme Court of Pennsylvania

Decided January 4, 1840PublishedCited by 3 opinions

IN’ ERROR. Error to the Court of Common Pleas for the City and County of Philadelphia. Yeates, the plaintiff below, brought an action before Alderman Badger, to recover for work and labour done for the defendant Cleaden, and obtained a judgment for forty-two dollars and twenty-four cents. Cleaden appealed to the Court of Common Pleas, where the cause came on for trial.

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IN’ ERROR. Error to the Court of Common Pleas for the City and County of Philadelphia. Yeates, the plaintiff below, brought an action before Alderman Badger, to recover for work and labour done for the defendant Cleaden, and obtained a judgment for forty-two dollars and twenty-four cents. Cleaden appealed to the Court of Common Pleas, where the cause came on for trial. The plaintiff’s counsel in his opening stated, that the plaintiff had done work for the defendant to the amount or value of one hundred and thirty-three dollars and sixty-six cents; on account of which payments had been made to…

1Per curiam

Neither the sum for which suit was brought, the matter in controversy, nor the amount for which judgment was given, is beyond the appellate jurisdiction of the Common Pleas. It never has been doubted, that a plaintiff may reduce his demand to the standard of a limited jurisdiction, by lopping off the excess; and it is not pretended that more, if so much, was done here.

Judgment affirmed.

2Cited by3 opinions

  1. Collins v. CollinsSupreme Court of Pennsylvania · 1861
  2. Bower v. McCormickSupreme Court of Pennsylvania · 1873
  3. Zimmerman v. SnyderSuperior Court of Pennsylvania · 1899

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