Millar v. Criswell
Supreme Court of Pennsylvania
Error to the Common Pleas of Allegheny county. September 11. This was an appeal from the judgment of a justice of the peace. Robert Criswell, the defendant in error, commenced this action, which was trover for a car, against John B. Millar and John N. Millar, the plaintiffs in error, before a justice of the peace.
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Error to the Common Pleas of Allegheny county. September 11. This was an appeal from the judgment of a justice of the peace. Robert Criswell, the defendant in error, commenced this action, which was trover for a car, against John B. Millar and John N. Millar, the plaintiffs in error, before a justice of the peace. It appeared that the amount of damages claimed by the plaintiff as stated on the docket of the justice, was $20. The justice gave judgment in favour of the plaintiff, for $28; whereupon the defendant appealed to the Court of Common Pleas. It appeared from the record, that on the…
1Opinion of the CourtBurnside, J.
The plaintiffs in error have failed to sustain either of their exceptions. They first complain, that the record of the appeal returned by the justice is for a less sum than the award of the arbitrators. When a case is brought by appeal into the Common Pleas and placed on the docket, from thence it is subject to the same rules as other actions. The amount of the damages stated on the docket of the justice does not bind either of the parties to that sum, or to a less or greater amount. They are only confined to the same cause of action. 3 Binn. 45; 10 Serg. & Rawle, 227. There was no change in…
2Cases cited3 opinions
- Owen v. ShelhamerSupreme Court of Pennsylvania · 1810
- Huston v. MitchellSupreme Court of Pennsylvania · 1826
- Wright v. GuySupreme Court of Pennsylvania · 1823
3Cited by4 opinions
- Adams v. Coutts, Pennsylvania Court of Common Pleas, Cambria County1962
- McCaskey Register Co. v. Liggett, Pennsylvania Court of Common Pleas, Washington County1923
- Parson v. Downer, Pennsylvania Court of Common Pleas, Washington County1926
- S. Ewart Co. v. Carr, Pennsylvania Court of Common Pleas, Beaver County1922