Boone v. Boone
Supreme Court of Pennsylvania
IN ERROR. This was a writ of error to the Court of Common Pleas of Columbia county. The action was brought before a justice of.the peace from whose judgment the plaintiff appealed; and there was an award of one hundred and fifteen dollars in favour of the defendant, from which neither party appealed.
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IN ERROR. This was a writ of error to the Court of Common Pleas of Columbia county. The action was brought before a justice of.the peace from whose judgment the plaintiff appealed; and there was an award of one hundred and fifteen dollars in favour of the defendant, from which neither party appealed. It was argued here that the jurisdiction of the appellate court is necessarily the same as that of the inferior; and, consequently, that there could be no judgment in favour of either party for more than one hundred dollars.
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
Repeated decisions have established, that a new cause of action cannot be prosecuted on the appeal; and that it ought riot to appear by the writ, that the party whodiad recourse to the justice, prosecuted a cause of action riot within his jurisdiction. A set-off is undoubtedly in the nature of an action: but here the party who recovered by the award, did not bécome an actor till the cause came into the Court of Common Pleas; and as the jurisdiction of the justice was not sought by him, I can see no reason to prevent him from recovering his…
2Cited by2 opinions
- Crowell Office Equipment v. KrugSuperior Court of Pennsylvania · 1968
- Holden v. WigginsSupreme Court of Pennsylvania · 1832