Knappenberger v. Roth

Citations

• 153 Pa. 614
• 26 A. 223
• 1893 Pa. LEXIS 1154

Syllabus

<p>Costs — Act of 22 and 23 Charles II, chap. 9 — Trespass.</p> <p>The act of 22 and 23 Charles n., chap. 9, relating to costs where the damages are under forty shillings, is in force in Pennsylvania.</p> <p>Justice of the peace — Appeal.</p> <p>Where a justice of the peace has original jurisdiction, the cause of action cannot be departed from in the common pleas, whatever change may be made in the pleadings or the evidence.</p> <p>Trespass — Appeal—Costs—Justice of the peace.</p> <p>The act of April 9, 1833, relating to costs on appeals from justice of the peace applies as well in torts as contracts: King v. Boyles, 31 Pa. 424. applied.</p> <p>Plaintiff brought suit before a justice of the peace to recover damages for injuries to crops caused by defendant’s cow breaking down a division fence, and recovered a judgment for $20.00 and costs. Defendant appealed, and on the trial the jury rendered a verdict for plaintiff for $1.73. The court below applying the statute of 22 and 23 Charles II., chap. 9, entered judgment on the verdict,for no more costs than damages. Held, to be error, and that, under the act of April 9, 1833, plaintiff was entitled to full costs.</p>