¶1The jurisdiction of the justice is founded on the act of Assembly; and having exceeded that jurisdiction, the judgment is erroneous. On the appeal every objection on the law or the merits was open to the appellant; and it appearing to the Common Pleas on the face of the record that the judgment of the justice was erroneous, it was their duty to arrest the judgment, although this matter was not pleaded.
1 Binn. 219
Moore v. Wait
Decided September 14, 1807
Supreme Court of Pennsylvania · decided 1807-09-14
In Error. If a justice gives judgment for a certain sum and interest, in the whole above his juridisction, and the defendant appeals to the Common Pleas, although he there pleads the general issue and goes to trial, judgment will be arrested. The proceedings WRIT of error to the Common Pleas of Washington county.
Good law ✅— No negative treatment on recordhow we know
Decided 1807-09-14
How this case has been cited
Cited by 11 later decisions — most recently November 1968
11 state decisions
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