Funk v. Ely
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Franhlin county. This suit was brought before a justice by John Ely and Solo-man Ely against Eranklin Eunk, for a claim “ not exceeding $100.” A judgment was rendered for that sum, which was afterwards opened by the justice, who reduced the judgment to $99.32. Air appeal was entered October 11th 1861. With their declaration (which claimed $100) the plaintiffs filed their account against defendant amounting to $111.46, and their book…
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Error to the Court of Common Pleas of Franhlin county. This suit was brought before a justice by John Ely and Solo-man Ely against Eranklin Eunk, for a claim “ not exceeding $100.” A judgment was rendered for that sum, which was afterwards opened by the justice, who reduced the judgment to $99.32. Air appeal was entered October 11th 1861. With their declaration (which claimed $100) the plaintiffs filed their account against defendant amounting to $111.46, and their book containing the account was given in evidence on the trial. The case was tried on the appeal, and the plaintiffs obtained…
1Opinion of the Court
The opinion of the court was delivered, June 1st 1866, by
Agnew, J.
It is undoubtedly correct, as held in Collins v. Collins, 1 Wright 387, that a want of jurisdiction in the justice may be inquired of even after a trial and verdict in the appeal. In that case the fact was obvious, and the court allowed the objection and dismissed the appeal. But here the fact not being clear, the court refused after a trial and verdict to inquire into the fact afresh; and the question is, whether the refusal' is a ground of error ? The point of inquiry is well stated by Woodward, J., in Collins v. Collins: “…
2Cited by1 opinion
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