Lawver v. Walls
Supreme Court of Pennsylvania
Error to the Common Pleas of Union county. This was an action brought by Jacob Lawver and Samuel Lawver v. John Walls and Johnson Walls, before H. H. Margaritz, a justice of the peace, to recover about $20.60. The material point was whether a previous suit between the same parties, before Justice Deemer, was a bar to this action. In that former suit, the summons was served on defendants. It was stated on the docket of Justice Deemer, that the parties appeared by an agent.
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Error to the Common Pleas of Union county. This was an action brought by Jacob Lawver and Samuel Lawver v. John Walls and Johnson Walls, before H. H. Margaritz, a justice of the peace, to recover about $20.60. The material point was whether a previous suit between the same parties, before Justice Deemer, was a bar to this action. In that former suit, the summons was served on defendants. It was stated on the docket of Justice Deemer, that the parties appeared by an agent. Plaintiffs not able to substantiate their claim. Defendant asks and justice grants a judgment of non-suit, with fifty…
1Per curiam
Gould v. Crawford settles the present case. The proceedings of the justice are regulated by the statute, and it gives him no authority to enter judgment of non-suit after appearance. Want of appearance is the ground of a non-suit *77even by the course of the common law; for the plaintiff is called and makes default. Such ip the form of the judgment. When he answers, there is no other course than to go to the jury. The judgment in this instance was final, and the plaintiffs’ course was to appeal from it.
Judgment affirmed.
2Cited by4 opinions
- Plains Township's AppealSuperior Court of Pennsylvania · 1902
- Passarelli v. MorelloSuperior Court of Pennsylvania · 1912
- Leslie v. Hornung, Pennsylvania Court of Common Pleas, Alleghany County1925
- Mt. Holly Feed & Grain Co. v. Shriver, Pennsylvania Court of Common Pleas, Cumberland County1935