Legal Opinion

Brands v. Wise

Superior Court of Pennsylvania

Decided January 22, 1901No. Appeal, No. 224PublishedCited by 1 opinion

Appeal, No. 224, Oct. T., 1900, by defendant, from judgment of O. P. Northampton Co., Sept. T., 1899, No. 55, on verdict for plaintiff in case of William D. Brands v. Reuben L. Wise and Joseph Wise, trading as Wise Brothers. Appeal from justice of the peace. Before Scott, J. From the record it appeared that the justice gave judgment in favor of the plaintiff for $300. At the trial no question was raised as to the jurisdiction of the justice of the peace.

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Appeal, No. 224, Oct. T., 1900, by defendant, from judgment of O. P. Northampton Co., Sept. T., 1899, No. 55, on verdict for plaintiff in case of William D. Brands v. Reuben L. Wise and Joseph Wise, trading as Wise Brothers. Appeal from justice of the peace. Before Scott, J. From the record it appeared that the justice gave judgment in favor of the plaintiff for $300. At the trial no question was raised as to the jurisdiction of the justice of the peace. Frr.ors assigned were (1) the amount in controversy exceeded $300, and the justice of the peace had no jurisdiction. (2) The amount in…

1Opinion of the Court

Opinion by

Rice, P. J.,

The only question attempted to be raised by the assignments of error is as to the jurisdiction of the justice of the peace. It does not affirmatively appear that this question was raised in the court below. Neither the charge of the court nor any of the rulings upon evidence were excepted to by the defendants. Therefore, the question is to be determined by the record proper, of which, for present purposes, the evidence and the charge form no part: Greenawalt v. Shannon, 8 Pa. 465; Hoffman v. Dawson, 11 Pa. 280; Funk v. Ely, 52 Pa. 442. The plaintiff’s demand as shown by…

2Cases cited6 opinions

  1. Bower v. McCormickSupreme Court of Pennsylvania · 1873
  2. Evans v. HallSupreme Court of Pennsylvania · 1863
  3. Greenawalt v. ShannonSupreme Court of Pennsylvania · 1848
  4. Hoffman v. DawsonSupreme Court of Pennsylvania · 1849
  5. Funk v. ElySupreme Court of Pennsylvania · 1866

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Neel, Insurance Commissioner v. CannSuperior Court of Pennsylvania · 1945

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