Birkhead v. Ward

Citations

• 35 Pa. Super. 235
• 1908 Pa. Super. LEXIS 17

Syllabus

<p>Justice of the peace — Jurisdiction—Contract—Title to land — Trespass —Trespass vi et amis — Appeals.</p> <p>The legislature in conferring jurisdiction on justices of the peace of causes of action arising from contract, either express or implied, had in view those contracts which arise immediately out of a course of dealing between the parties, and not that sort of contract that arises remotely out of the compact of government.</p> <p>In an action to recover the cost of repairing a retaining wall which was alleged to belong to defendants, and which had fallen on plaintiff's land, the justice of the peace has no jurisdiction where no express contract is averred by the plaintiff, and there is no implication of a contractual obligation of the defendants to pay for the cost of repairs, which could be enforced by action of assumpsit before the justice. Even if it might be held that such an action was upon a contract, the contract is plainly one “where the title to land or tenements may come into question,” and the justice has no jurisdiction under the act of 1810.</p> <p>Where the transcript of a justice of the peace shows that the plaintiff “claims ten dollars and fifty cents, cost of repairing retaining wall belonging to defendants,” the transcript does not show a cause of action ex delicto.</p> <p>A justice of the peace has jurisdiction over trespass only where the trespass is vi et armis, and the injury is immediate; his jurisdiction under the act of 1814, did not extend to injuries for the redress of which the action of trespass on the case was the appropriate and exclusive remedy.</p> <p>If a justice of the peace has no jurisdiction of the cause of action, either under the act of 1810, or the act of 1814, the common pleas has no jurisdiction thereof on appeal.</p>