Rothfuss Garage Co. v. Diehl

Citations

• 73 Pa. Super. 383
• 1920 Pa. Super. LEXIS 24

Syllabus

<p>Justices of the peace — Pleadings—Act of July 7,1879, P. L. 194.</p> <p>In an action of assumpsit on a book account before a justice of the peace, where a statement of claim and affidavit of defense are filed, in accordance with the provisions of the Act of July 7, 1879, P. L. 194, and the record shows that the parties appeared by counsel on a certain day, if at the time of the hearing the defendant offers no evidence, the justice of the peace may render judgment on the facts of the case as presented by the parties; and if such judgment is not appealed from and a transcript thereof later filed in the prothonotary’s office, it will not be stricken off. The conclusion of the magistrate merely involved alleged mistakes of fact and law, and the remedy therefor was an appeal or writ of certiorari.</p>