Samuel v. Sota

Citations

• 224 Pa. 432
• 73 A. 916
• 1909 Pa. LEXIS 816

Syllabus

<p>Appeals — Jurisdiction—-Amount in controversy — Supreme Court— Superior Court.</p> <p>1. An appeal from an order discharging a rule for judgment for want of a sufficient affidavit of defense lies to the Superior Court where the amount claimed in the plaintiff's statement is under $1,500, although a counterclaim set up in the affidavit of defense for breach of another and distinct contract is for an amount in excess of $1,500 and although the establishment of the counterclaim at the trial would entitle the defendant to a certificate for an amount in excess of $1,500 even should plaintiff's entire claim be allowed.</p> <p>2. Under the Act of May 5, 1899, sec. 4, P. L. 248, the test of jurisdiction where the plaintiff fails to recover anything is the amount “ claimed in the statement of claim or declaration.”</p>