Deihm v. Snell

Citations

• 119 Pa. 316
• 13 A. 283
• 1888 Pa. LEXIS 551

Syllabus

<p>1. While, for the work of the trial, such as the formation of the proper issue, the production of the testimony and the decision of the questions involved, a trial in the Common Tleas after an appeal from a justice of the peace is de novo, it is nevertheless a trial of the same ease and the cause of action remains the same.</p> <p>2. If the justice did not have jurisdiction of the plaintiff’s cause of action, or of a contract or demand sought to be used as a set-off by the defendant, the Court of Common Pleas will not have'jurisdiction on appeal, and the want of it may be raised as an objection at any time.</p>