Fries v. Wiser

Citations

• 62 Pa. Super. 218
• 1916 Pa. Super. LEXIS 391

Syllabus

<p>Negligence — Husband and wife — Injuries to wife — 0onsolidation of actions — Amount in controversy — -Municipal Court — Jurisdiction — Act of May 8,1895, P. L. 5^.</p> <p>The Municipal Court has jurisdiction over a suit brought by a husband and wife to recover damages for injuries to a wife, although each of the plaintiffs claim fifteen hundred dollars. The Act of May 8, 1895, P. L. 54, consolidating the two rights of action in one suit, keeps separate the independent causes of action, and provides for the rendition of separate verdicts, and the entry of separate judgments.</p> <p>Municipal Court of Philadelphia — Courts—Capias—Summons— Improper practice — Trial on merits.</p> <p>Where a husband and wife bring a suit in the Municipal Court for,personal injuries to the wife resulting from assault and battery, and instead of issuing a summons, file a petition for a capias, setting forth the facts, and after the arrest of the defendant,'file a formal statement to which the defendant answers, and the case by agreement is tried by the court without a jury, the defendant cannot complain, after a judgment against him, that the court had never acquired jurisdiction of his person, and that therefore the judgment was invalid.</p>