Kase v. Best
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Columbia eounty. This was a suit by John Best vs. Simon P. Kase, in the Common Pleas of Columbia county, to August term 1840.—A case stated was agreed on, as follows:— Case stated.—John Best vs. Simon P. Kase. In the Court of Common Pleas, No. , August term 1849. Appeal by defendant from the judgment of Win. Kitchen, Esq.
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Error to tbe Common Pleas of Columbia eounty. This was a suit by John Best vs. Simon P. Kase, in the Common Pleas of Columbia county, to August term 1840.—A case stated was agreed on, as follows:— Case stated.—John Best vs. Simon P. Kase. In the Court of Common Pleas, No. , August term 1849. Appeal by defendant from the judgment of Win. Kitchen, Esq. The parties to the above stated suit agree to submit the same to the court, upon the following statement;—On the 12th day of October, 1848, John Best, collector of taxes of Mahoning township, instituted a suit against Simon P. Kase, for the…
1Per curiam
The entry of the justice was,
that it appeared, after hearing, that he had not jurisdiction of the subject matter: “therefore plaintiff for costs.” This is not a formal judgment, but it is certainly a substantive one. As it made an end of the action without discontinuance or retraxit by the party, what else can it be ? It was clearly the intention to give final judgment for the defendant, and, that being evident, the magistrate is not to be held to strict form. There is no such thing, even in our courts of record, where the ideo consideratum est never shows its face; and to require even the…
2Cited by12 opinions
- Commonwealth Ex Rel. Cook v. CookSupreme Court of Pennsylvania · 1982
- Connellsville Township Supervisors v. City of ConnellsvilleCommonwealth Court of Pennsylvania · 1974
- Miller v. O'BrienColorado Court of Appeals · 1915
- Passarelli v. MorelloSuperior Court of Pennsylvania · 1912
- Carey v. WatsonSupreme Court of Pennsylvania · 1885
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