Ellis v. Brewster

6 Watts 277

Opinion

The same point was argued in this Court.

Per Curiam.

We think it our duty to interpose on a ground not taken by counsel. The-defendant below, appealed from the judgment of a justice against him for four dollars; and it does not appear from any cross demand set up before the magistrate, or in the common pleas, that more was in dispute: so that the common pleas could not rightfully hold jurisdiction of the appeal. The judgment is therefore reversed, the apeal quashed, and the record remitted to have the judgment of this court carried into execution.

Judgment reversed.