Owen v. Shelhamer
Supreme Court of Pennsylvania
IN UK NOR. BY the record of the Common Pleas of Northumberland, which was removed to this court by writ of error, ^ appeared that Shelhamer, the plaintiff below, commenced this action before a justice of the peace to recover a debt of teen pounds nine shillings, for which sum, with six shillings and a penny costs, he obtained judgment.
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IN UK NOR. BY the record of the Common Pleas of Northumberland, which was removed to this court by writ of error, ^ appeared that Shelhamer, the plaintiff below, commenced this action before a justice of the peace to recover a debt of teen pounds nine shillings, for which sum, with six shillings and a penny costs, he obtained judgment. Owen appealed to the court of Common Pleas, where the plaintiff filed a declaration setting forth that he had committed to the defendant three militia certificates amounting in the whole to 221. 3s. exclusive of interest, which the. defendant had pro- . . ’ . /…
1Opinion of the Court
Tixgiiman C. J.
after stating the case delivered his opinion as follows:
It appears on the whole of the record, that the plaintiff prosecuted a different cause of action in the Common Pleas, from that which was decided by the justice. This he could not lawfully do.
It has been argued for the plaintiff that the judgment may be supported, because in the Common Pleas the proceedings are de novo, and that court is not limited to any sum in point of jurisdiction. But this argument is founded on a fallacy. The proceedings are de novo to a certain intent only; that is to say, the declaration and…
2Cases cited1 opinion
- Moore v. WaitSupreme Court of Pennsylvania · 1807
3Cited by12 opinions
- Deihm v. SnellSupreme Court of Pennsylvania · 1888
- Crowell Office Equipment v. KrugSuperior Court of Pennsylvania · 1968
- Wright v. GuySupreme Court of Pennsylvania · 1823
- M'Laughlin v. ParkerSupreme Court of Pennsylvania · 1817
- Millar v. CriswellSupreme Court of Pennsylvania · 1846
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