Legal Opinion

Houser v. Kime

Superior Court of Pennsylvania

Decided April 11, 1910No. Appeal, No. 20Published

Appeal, No. 20, March T., 1901, by defendant, from judgment of C. P. Lackawanna Co., Jan. T., 1909, No. 387, affirming judgment of justice of the peace in case of E. B. Houser v. W. H. Kime. Certiorari to justice of the peace. The opinion of the Superior Court states the case. Error assigned was the judgment of the common pleas

1Opinion of the Court

Per Curiam,

The transcript of the justice of the peace and his return to the suggestion of diminution of record show that the action was assumpsit “ to recover 15.00 due from defendant to plaintiff under promise to pay for window broken on plaintiff’s premises.” The-depositions submitted to the court below, ostensibly, to show want of jurisdiction in the justice of the peace, are no part of the record brought up with this appeal: Crumley v. Crescent Coal Co., 13 Pa. Superior Ct. 231; Wyatt v. Szymanski, 38 Pa. Superior Ct. 525. As-the record proper shows *484that the justice had jurisdiction of…

2Cases cited2 opinions

  1. Crumley v. Crescent Coal Co.Superior Court of Pennsylvania · 1900
  2. Wyatt v. SzymanskiSuperior Court of Pennsylvania · 1909

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