Citation Numbers: 1 Serg. & Rawle 234
Judges: Brackenridge, Tilghman, Yeates
Filed Date: 12/31/1814
Status: Precedential
Modified Date: 7/29/2022
The only question necessary to be decided in this case, is, whether an alderman had authority under the act of 1st March, 1799, to give judgment for damages in an action of trespass, without the intervention of referees ? In the 1st section of the act the powers of justices of the peace, aldermen, See. is extended to actions of trespass in all cases, where the damages do not exceed 20 dollars, and it is declared to be the duty of the justice or alderman, upon the request of either plaintiff or defendant, to appoint referees to assess the damages, upon whose report judgment is to be entered. It is contended, that without such report there can be no judgment, because the act does not expressly mention, that there shall be any judgment without it. But I consider the first part of this section, which extends the jurisdiction to actions of trespass, as giving by implication the power to enter jndgment, because trial and judgment are accessary to his jurisdiction. When it is said that Üit jurisdiction is extended, reference is had to his former jurisdiction
The powers of the justices of the peace, by the act of 1st March, 1799, are expressly extended to actions for the recovery of damages for any trespass, wrong, or injury done or committed against the real or personal estate of the plaintiff, in all cases where the said damages shall not exceed the sum of twenty dollars. But on the request of either the plaintiff or defendant, he is enjoined to appoint three respectable persons to assess the damages, &c. It seems therefore clear to me, that, unless such request is made to him, the justice may exercise his own judgment and discretion in the assessment of damages, in like manner as he may do in other cases. A different construction would, in my idea, be repugnant to the plain terms of the legislature. That the justice, had jurisdiction of the trespass there can be no doubt; and in .such case, on an appeal, the merits of the case come fairly before the court and jury for decision.
I am of opinion, that the judgment of the Court of Common Pleas be reversed, and a venire facias de novo be awarded.
Judgment reversed.