Gibson v. Haworth

Citations

• 47 Pa. Super. 618
• 1911 Pa. Super. LEXIS 214

Syllabus

<p>Justice of the peace — Appeals—Service—Waiver of defects.</p> <p>1. By taking an appeal and entering the same in the common pleas, the defendant in a judgment of a justice of the peace, appears in propria persona and waives all defects of service and comes into the common pleas by his own voluntary act.</p> <p>2.. Where the defendant in a judgment of a justice of the peace takes an appeal, and the plaintiff in the action files a declaration in the common pleas showing a good cause of action, the defendant cannot thereafter claim to have the appeal dismissed because the justice’s record did not show the nature, character and amount of the plaintiff’s claim, so that it would affirmatively appear that the justice had jurisdiction of the cause of action; nor can he claim that the suit should be dismissed because it was commenced by a long summons against the defendant who was a nonresident.</p>