Alexander & Co. v. Goldstein

Citations

• 13 Pa. Super. 518
• 1900 Pa. Super. LEXIS 190

Syllabus

<p>Appeals — Judgment of common pleas — Qertiorari to justice — Trover and conversion.</p> <p>The provision of the 22d section of the Act of March 20,1810, 5 Sm. L. 161, by special enactment of the Act of March 22, 1814, 6 Sm. L. 182, applies to all cases brought thereunder, hence it follows the judgment of the common pleas is final in all eases of certiorari to the judgment of a. justice in actions of trover and conversion and trespass arising under said act of 1814.</p> <p>Jurisdiction, J. P. — Trover and conversion.</p> <p>There can be no doubt that section 2 of the Act of March 20, 1810, 5 Sm. L. 161, and sections 1 and 4 of the Act of March 22, 1814, 6 Sm. L. 182, give to justices of the peace and aldermen acting as such, jurisdiction in actions of trover and conversion, to be commenced by either summons, or capias if the defendant is not a freeholder or female.</p> <p>This jurisdiction is not affected by the provisions of the 1st, 23d and 24th sections of the Act of 1842, P. L. 339, in cases where the property came into the possession of the defendant wrongfully, and not under a contract. Even though the plaintiff may have the right to waive the tort and bring an equitable action on an implied promise to return it.</p>