Reports of Cases Adjudged in the Supreme Court of Pennsylvania 1814 1828 Volu
Reports of Cases Adjudged in the Supreme Court of Pennsylvania 1814 1828 Volu
Thomas Sergeant
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The act of 30th March, 1811, Purd. Dig. 332, erecting the District Court for the city and county of Philadelphia, pro- vides, in the first section, that the District Court shall have no ju- risdiction except where the sum in controversy shall exceed 100 dollars ; and the court is continued by subsequent acts with the same jurisdiction. In this suit, the demand of the plaintiff, in point of law, was, for the difference between the money paid for the horse, and the price for which he was resold, ...if a resale took place, or his value, if the plaintiff retained him. If the horse were worthless, the plaintiff's claim could only be for 80 dollars which he paid_and interest : but by the verdict of the jury it appears, that the loss ac- tually sustained was but 40 dollars. So that considered in any point of view, the court had no jurisdiction of the case. In actions found- ed purely in tort, such as trespass vi et armis, &c, there is no standard by which the sum in controversy can be estimated, but the amount of damages laid in the declaration.
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