Shufflin v. Duster Contracting Co.

Citations

• 77 Pa. Super. 193
• 1921 Pa. Super. LEXIS 237

Syllabus

<p>Actions — Magistrates—Actions before — Amount in controversy —Jurisdiction.</p> <p>A plaintiff may sue before a justice of the peace for less than three hundred dollars, although his claim originally exceeded that amount. Where there have been mutual dealings and payments on account, and the balance remaining is under three hundred dollars, the magistrate has jurisdiction. The sum demanded is the •test of the jurisdiction, and to ascertain such sum the transcript of the justice of the peace, and the narr. on appeal may be examined, and parol testimony may also be received.</p> <p>Where the mutual dealings between two parties show various payments on, account and balances, and the sum demanded on final accounting is under three hundred dollars, the magistrate has jurisdiction.</p>