Commonwealth v. Magee
Supreme Court of Pennsylvania
Appeal, No. 258, Jan. T., 1905, by plaintiff, from order discharging rule for judgment for want of a sufficient affidavit of defense. Plaintiff brought suit September 2, 1902, claiming $889.70 with interest from March 16, 1892. At that time the claim with interest was less than $1,500. On March 27, 1905, the court below discharged a rule for judgment for want of a sufficient affidavit of defense, from which, on August 22, 1905, plaintiff appealed to the Supreme Court.
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Appeal, No. 258, Jan. T., 1905, by plaintiff, from order discharging rule for judgment for want of a sufficient affidavit of defense. Plaintiff brought suit September 2, 1902, claiming $889.70 with interest from March 16, 1892. At that time the claim with interest was less than $1,500. On March 27, 1905, the court below discharged a rule for judgment for want of a sufficient affidavit of defense, from which, on August 22, 1905, plaintiff appealed to the Supreme Court. At both these later’ dates the claim with interest exceeded $1,500. Appellant obtained from the court below and printed in his…
1Opinion of the Court
Per Curiam,
(orally at bar) :
For the purpose of determining to which court to take an appeal, the amount really in controversy in any suit wherein judgment was refused by the court below, is the amount claimed in the statement as of the time of. bringing the suit. The case will be certified to the Superior Court.
2Cited by2 opinions
- McGlinn's EstateSupreme Court of Pennsylvania · 1921
- Commonwealth v. MageeSupreme Court of Pennsylvania · 1908