Byers v. Olander

Opinion by

Hirt, J.,

Defendant appealed to the county court from a judgment in an action of assumpsit entered against her by a justice of the peace. By statutory demurrer to plaintiff’s statement of claim, defendant questioned the jurisdiction of the justice. In sustaining the demurrer, the lower court held that it did not have jurisdiction of the action on appeal, because the cause of action was not witliin the jurisdiction of a justice of the peace. Deihm v. Snell, 119 Pa. 316, 13 A. 283. The court was clearly right in this conclusion though wrong in entering judgment for defendant on the…