7 Watts 175 | Pa. | 1838
The opinion of the Court was delivered by
Although several matters have been assigned for error, we think there is not the least colour of ground for supporting any of them, except that which alleges a want of jurisdiction in the justice of the peace before whom the action was originally instituted.
But in the first place I would observe, in respect to the exception taken to the judgment, founded upon the allegation, that the evidence was not sufficient to support the count in the declaration for trover; and that, therefore, the verdict and judgment being given generally on all the counts, the judgment is erroneous, that we cannot notice it even if it were so in fact: because the record does not show the fact to be so ; the evidence given on the trial is not set out on the record, so as to form a part of it and bring it before us, so that we may know what it was. But it would rather seem from the charge of the court below, that some evidence, from which the jury might, have found a conversion, was given to them; because the court, as it appears from their charge, told the jury that if they should find that M’Cahan received the clover seed, and that he refused to deliver it to the plaintiff below, they might thence infer a conversion. Now
Then as the charge of the court in regard to all the other questions raised by the errors assigned, is perfectly correct, and without the least shadow of difficulty, excepting that of the want of jurisdiction in the justice, they are pretermitted with entire approbation of the law as laid down in relation thereto by the court. But the error alleging a want of jurisdiction, though deemed untenable, as well as all the rest, requires to be considered, in order that the rule, which it is conceived ought to govern in this respect, may not only be firmly settled but. fully understood.
By the first section of the act of the 20th of March 1810, Stroud’s Purd. Dig. 578, justices of the peace have jurisdiction given to them “ of all causes of action arising from contract, either express or implied, in all cases where the sum demanded is not above 100 dollars; except in cases of real contract, where the title to lands or tenements may come in question, or action upon promise of marriage.” Then, by the fourth section of the act, the right of appeal after a trial before the justice of the peace is given to either party; and tvhen the cause is brought into court by appeal, it is provided that “the suit shall from thence take grade with and be subject to the same rules as other actions vjhere the parlies are considered to be in court.’’ And further again, “ that upon any such appeal from the decision, determination or order of two justices of the peace, to the court of common pleas, or court of quarter sessions in any county, the same shall be decided in such court,on its facts and the merits only; and no deficiency of form or substance in the record or proceedings returned, nor any mistake in the form or name of the action, shall prejudice either party in the court to which the appeal shall be made.” Now does the case before us, as presented by the record, come within the provision giving jusiicesof the peace jurisdiction 1 Thecomplaintof the plaintiff below substantially was, that the defendant, having become by contract the bailee of clover seed belonging to the plaintiff, did not take care of and account, for it (o the latter as he ought to have done. Contract then being the foundation of the duty imposed upon the defendant, by his having become bailee, it is clear that a breach of the duly thereby imposed, which is the real cause of action here, must be regarded as arising out of contract, and therefore within the jurisdiction of the justice according to the express terms of the act; which embrace “ all causes of action arising from contract, either express or impliedwith the exception as recited above, which has nothing to do with this case. But it is objected that the plaintiff below has charged in his declaration, and particularly in the first, count thereof, that the clover seed was lost through negligence and want of care on
Judgment affirmed.