Common Pleas of Philadelphia.
August Sittings, 1790.
This was an appeal from the decision of a Justice of the Peace in an action of trespass, brought before him against a Constable, for wrongfully taking the goods of the plaintiff; and in which judgment had been given for £9. 18.
Roberts, for the plaintiff, and Bradford, for the defendant, submitted the case to the Court, without argument, upon this single question, whether a Justice of the Peace has jurisdiction in actions of trespass, for taking goods?
Shippen, President:—Actions of Trover are expressly excepted from the jurisdiction of Justices of the Peace; and this being such a trespass, as might be made the foundation of an action of Trover, is fairly within the reason of the Legislative exception. The powers of the Justices of Peace are, perhaps, already sufficiently great; but, at all events, it would be highly dangerous to extend to them cases like the present.
Last modified: February 20, 2016