Green v. Duffee

Citations

• 231 Pa. 393
• 80 A. 886
• 1911 Pa. LEXIS 854

Syllabus

<p>Appeals — Jurisdiction—Determination of amount in controversy — A ct of May 5,1899, P. L. 248.</p> <p>1. Where on the distribution by an auditor of a fund, the proceeds of a sheriff’s sale of real estate, a mechanic’s lien claimant presented a claim for $2,162.77 and was awarded $1,266.20, and it appears that there was no dispute over the amount due the claimant, and all questions as to the validity of his lien were decided in his favor by the auditor, but the fund was insufficient to pay the lien, and other mechanics’ liens, in full because of the priority in distribution given to a mortgage, an appeal by the claimant questioning the right of such priority lies within the jurisdiction of the Superior Court.</p> <p>2. The intent of the Act of May 5, 1899, P. L. 248, was to make statutory provision for determining the appellate jurisdiction by furnishing standards of proof in two classes that should include every possible case. In issues involving title or possession of property, jurisdiction is determined by the certificate of the judge. In issues involving the payment of money, the amount claimed, if there has been no recovery, and the amount of the judgment or award when there has been a recovery, is the standard fixed by the act in order to establish a uniform rule.</p>