70 Pa. Super. 289 | Pa. Super. Ct. | 1918
Opinion by
The plaintiff brought this action of trespass in the Municipal Court of Philadelphia County to recover damages arising from the injury to or partial destruction of certain personal property. In his statement of claim he fixed the amount of money demanded at the sum of $1,-200. The defendant filed an answer responsive, as to the facts averred in the statement, and at once challenged the jurisdiction of. the court to entertain and try such a case. The plaintiff failed to file any certificate setting forth the real extent of his loss. The docket entries show no specific ruling by the court on what we may call the plea to the jurisdiction. The case was tried and the plaintiff, by his evidence, sought to establish a right to recover in a sum beyond $600. A verdict was rendered for less than that sum and judgment was entered thereon. The defendant appeals. ■
It is urged here, as it was in the court below, that the Municipal Court was without jurisdiction to try and de
Why should not the plea to the jurisdiction have been sustained? Both the pleadings and the evidence unite in declaring that the claim of the plaintiff was beyond the jurisdictional limit. It is true the jury declined to accept the plaintiff’s evidence as a reason for awarding to him the full amount claimed and rendered a verdict within the jurisdictional limit. Can it be successfully urged that the verdict grounded the jurisdiction where, up to that time, there would be no foundation for it? This would mean that the jury in such cases was to determine by its verdict whether or not the trial court had jurisdiction of the cause of action. This would surely be a novel doctrine. We are of opinion the learned court below was without jurisdiction to dispose of the cause
But we are asked to allow at the bar of this court a motion to amend the statement of claim so as to reduce the amount demanded to the sum of $600. In the face of the pleadings and evidence we must decline to grant this motion. The case on its own facts is radically different from Wilson v. Pullman Company, supra. It is true that in that case the statement of claim demanded damages in excess of the sum of $600; but it is also true that, before the action was begun, the plaintiff had rendered to the defendant an exact statement in writing showing that her actual claim was well within the jurisdiction of the Municipal Court. As a consequence, when the action was brought no question was raised as to the jurisdiction of the court. The plaintiff had put it out of her power to make any claim in excess of the jurisdiction by furnishing the written statement referred to. Her proof in no way tended to establish any greater claim, and the question of the jurisdiction was never raised until the case reached the appellate court. Under such circumstances we could see no abuse of the power lodged in this court when Ave allowed, nunc pro tunc, an amendment tending to make the record correspond with the facts actually appearing on the trial. The difference between that state of facts and what is presented by this record we think is apparent. The motion to amend must therefore be denied. Being of opinion the court was without jurisdiction, we necessarily reverse the judgment.
Judgment reversed.