Collins v. Collins
Supreme Court of Pennsylvania
Error to the Common. Pleas of Fayette county. This action was brought before a justice of the peace, by John Collins, against Henry Collins, in which, according to the transcript, the plaintiff’s claim was laid at $99.50. The justice gave judgment in favour of plaintiff for $36.26, whereupon defendant appealed.
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Error to the Common. Pleas of Fayette county. This action was brought before a justice of the peace, by John Collins, against Henry Collins, in which, according to the transcript, the plaintiff’s claim was laid at $99.50. The justice gave judgment in favour of plaintiff for $36.26, whereupon defendant appealed. In his declaration in the Common Pleas, the plaintiff laid his damages at $100. On the trial it appeared, by the testimony of the justice, that plaintiff at first claimed over $100, upon which he was about to dismiss the suit, whereupon the plaintiff reduced his claim to $99.50; that…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, J.
If the justice had not jurisdiction of the cause of action, the appeal was properly dismissed, even at the late hour at which the judge turned it out of court. It had better been dismissed before trial and verdict, but it is never too late in the progress of a cause to take advantage of the want of jurisdiction. It is urged on the authority of Lauchner v. Rex, 8 Harris 469, that the defendant, having submitted to a trial, and taken the chance of a verdict in his favour, cannot be admitted, after he finds himself defeated, to object to the…
2Cases cited2 opinions
- Stroh v. UhrichSupreme Court of Pennsylvania · 1841
- Cleaden v. YeatesSupreme Court of Pennsylvania · 1840
3Cited by21 opinions
- Deihm v. SnellSupreme Court of Pennsylvania · 1888
- Battles v. NesbitSuperior Court of Pennsylvania · 1942
- Bauman v. BittnerSuperior Court of Pennsylvania · 1943
- Crowell Office Equipment v. KrugSuperior Court of Pennsylvania · 1968
- McFarland v. O'NeilSupreme Court of Pennsylvania · 1893
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