Maloney v. Murphy

Citations

• 173 Pa. 395
• 34 A. 20
• 1896 Pa. LEXIS 716

Syllabus

<p>Practice, G. P. — Gosts—Justice of the peace — Jurisdiction—Acts MarchW, 1810, and May 25, 1887.</p> <p>Under the act of March 20, 1810, sec. 23, P. L. 159, which provides that a person bringing suit otherwise than before a justice of the peace shall not recover costs unless he files in the prothonotary’s office before obtaining his writ an affidavit that he believes the debt due is over $ 100; the affidavit required by the act must be filed before or at the time the writ is issued, and an affidavit attached to a statement of claim filed more than a year after suit brought is not the legal equivalent of the affidavit expressly required by the act before the original writ is issued.</p> <p>When a plaintiff in an action on contract recovers less than $100, and there is nothing to show that the demand was reduced by set-off, the presumption is that the amount was within the jurisdiction of a justice of the peace under the act of 1810. In such a case the plaintiff’s ref usal to bring his cause before the appointed tribunal justly deprives Mm of costs.</p> <p>The procedure act of May 25,1887, does not repeal the act of March 20, 1810, sec. 33.</p>