Downey v. Ferry
Supreme Court of Pennsylvania
ERROR to the common pleas of Lancaster county. Patrick Ferry’s administratrix brought this suit against Robert Downey and Adam Miller, before a justice of the peace, by whom it was submitted to referees, who made an award for the plaintiff for 9 dollars; upon which judgment was entered by the justice, and from which the defendants appealed to the common pleas.
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ERROR to the common pleas of Lancaster county. Patrick Ferry’s administratrix brought this suit against Robert Downey and Adam Miller, before a justice of the peace, by whom it was submitted to referees, who made an award for the plaintiff for 9 dollars; upon which judgment was entered by the justice, and from which the defendants appealed to the common pleas. On a rule to show cause why the appeal should not be stricken off, the appellants proved by one of the referees, that the demand which he had made before them against the plaintiff exceeded 20 dollars. But the court was of opinion that…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
The sum in controversy, and not the amount of the judgment, regulates the right of appeal, under the fourth section of the act of the 20th March 1810. Stewart et al. v. Keemle, 4 Serg. & Rawle 72; Klingensmith v. Nole, 3 Penns. Rep. 120. But a difficulty has arisen how this amount is to be ascertained, and upon this point it has been ruled that, to entitle a plaintiff to appeal where the *305judgment of the justice is for the defendant, it must appear on the docket of the justice that the plaintiff’s cause of action exceeds 20 dollars. Stoy’s…
2Cases cited2 opinions
- Stewart v. KeemleSupreme Court of Pennsylvania · 1818
- Stoy v. YostSupreme Court of Pennsylvania · 1825
3Cited by1 opinion
- Cook v. DunkleSupreme Court of Pennsylvania · 1855