143 Pa. 430 | Pa. | 1891
Opinion,
In the absence of any opinion by the court below, we are left to gather the grounds of the nonsuit from the facts and the arguments of counsel.
No point is made that the action should have been brought originally in the Common Pleas. The city, instead of raising the question of jurisdiction in the Quarter Sessions, appealed to the Common Pleas, and there filed of record an agreement that the appeal should be considered at issue and tried without pleadings, and the agreement here waives any question of jurisdiction of the court in which damages were sought to be recovered. The parties, therefore, being in the proper court on a proceeding de novo, this court will not be astute to inquire how they got there: Wilson v. Scranton City, 141 Pa. 621. And the point is noticed merely to avoid any apparent conflict betwmen this and the other cases in which it is hel(l that the Quarter Sessions has no jurisdiction.
Judgment reversed, and procedendo awarded.