Township of Moreland v. Gordner
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lycoming county: Of January Term, 1885, No. 184. This was an action on the case by George H. Gordner against the township of Moreland to recover damages for injuries suffered by the plaintiff by reason of negligence of the supervisors of said township in failing to keep a certain bridge and highway in repair, by reason whereof bis wagon and team were injured.
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Error to the Court of Common Pleas of Lycoming county: Of January Term, 1885, No. 184. This was an action on the case by George H. Gordner against the township of Moreland to recover damages for injuries suffered by the plaintiff by reason of negligence of the supervisors of said township in failing to keep a certain bridge and highway in repair, by reason whereof bis wagon and team were injured. The defendant pleaded former recovery and not guilty. . On the trial, before Cummin, P. J., the defendant, in support of its plea of former recovery, put in evidence the transcript and record of a…
1Opinion of the CourtChief Justice Mercur
It is true on an appeal from tho decision of a justice of the peace to tho Common Pleas the statute provides that the cause shall be decided in the said court on its facts and merits only, and no mistake in the form of the action shall prejudice either party in the court to which the appeal shall be made. This however assumes that the justice of the peace had jurisdiction of tbe cause of action.
An action on the case for a tort is not within the jurisdiction of a justice of the peace. Objection to Ms jurisdiction may be taken at any stage of the case. If the justice has not jurisdiction the…
2Cases cited1 opinion
- Goddard v. M'KeanSupreme Court of Pennsylvania · 1837
3Cited by17 opinions
- Montgomery Ward & Co. v. HerrmannCourt of Appeals of Maryland · 1948
- Paulson v. EisenbergSuperior Court of Pennsylvania · 1938
- Battles v. NesbitSuperior Court of Pennsylvania · 1942
- Swain v. BradySuperior Court of Pennsylvania · 1902
- Birkhead v. WardSuperior Court of Pennsylvania · 1908
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