Allara v. Stevens

The opinion of the court was delivered by

Parker, J.

The central point about which the argument revolves is that the issue in this cause being in the Supreme Court, was tried in the Court of Common Pleas, and that that court had no jurisdiction to try it — first, because the cause of action was outside its jurisdiction, i. e., if the action had been begun in the Pleas, that court would have been incompetent to try it; and secondly, that if it had jurisdiction to entertain the suit, the procedure taken to refer to it this Supreme Court issue was so defective that it acquired no power to try the…