Kiphart v. Brennemen

The appellant brought this action before a justice of the peace, to recover the possession of real estate which it was alleged the appellee unlawfully detained.

Upon an appeal to the Court of Common Pleas, the appellee moved to dismiss the action, on the ground that the justice had no jurisdiction of the cause of action set out in the complaint. Pending the decision of this motion, the appellant asked leave to amend, by inserting after the word “unlawfully” in the complaint, the words “and forcibly and with strong hand.” The court refused to permit the amendment, and sustained the motion to…