Burr v. Bayne
Supreme Court of Pennsylvania
ERROR to the district court of Allegheny county. This was an action of trespass de bonis asportatis by Betsy Burr against Andrew Bayne. The plaintiff, in her declaration, laid the goods to be of the value of 150 dollars, and claimed damages to the amount of 200 dollars. On the trial the plaintiff proved the taking of the goods, and that they were of the value of 64 dollars.
Read the full summary
ERROR to the district court of Allegheny county. This was an action of trespass de bonis asportatis by Betsy Burr against Andrew Bayne. The plaintiff, in her declaration, laid the goods to be of the value of 150 dollars, and claimed damages to the amount of 200 dollars. On the trial the plaintiff proved the taking of the goods, and that they were of the value of 64 dollars. The court below, being of opinion, from the plaintiff’s own showing, that the amount .in controversy did not exceed 100 dollars, dismissed the suit for want of jurisdiction. cited 4 Whart. 245; 3 Ball. 401; 3 Serg. <§’…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
In the enacting part of the first section of the act .establishing a district court, general jurisdiction is given, over all civil actions, whether real, personal or mixed. But in the proviso it is enacted, that .the court shall have no jurisdiction, either originally or by appeal, except when the sum in controversy shall exceed 100 dollars. On the trial, the plaintiff’s witnesses proved the property to be worth about 64 dollars, whereupon the court dismissed the suit, for want of jurisdiction, because, as they said, it appears from the…
2Cases cited2 opinions
- Wilson v. DanielSupreme Court of the United States · 1798
- Kline v. WoodSupreme Court of Pennsylvania · 1823
3Cited by6 opinions
- Dwyer v. Bassett & BassettTexas Supreme Court · 1885
- Little Rock, Mississippi River & Texas Ry. v. ManeesSupreme Court of Arkansas · 1884
- Odell v. CulbertSupreme Court of Pennsylvania · 1845
- McKinney v. AllenSupreme Court of Pennsylvania · 1874
- McKinney v. AllenSupreme Court of Pennsylvania · 1874
1 more not listed; retrieve them via the Exa API.