Pinchin v. Fry

JANUARY TERM, 1789. Pinchin v. Fry. Justice of the Peace. On the return of a certiorari to one of the justices of Philadelphia county, it appeared, that the defendant had been summoned to answer tomorrow, that is, on the day succeeding the date of the summons, for a debt under forty shillings; that the matter in dispute was then referred to three men, who reported the sum of 21. 2s. 4cl. due to the plaintiff ; and that for the amount of this report, the justice had entered judgment with costs. Levy moved to reverse the judgment: 1st, Because the summons was returnable on the next day, whereas, the act of assembly requires that there should be allowed a time not less than five, nor exceeding eight days. (1 State Laws 204; Act of 1745.) And 2d, Because the summons was to answer a debt under forty shillings, and the judgment was for a greater sum. [MAJORITY — By the Court.] By the Court. Let the judgment be reversed, See Gibbs v. Alberti, 4 Yeates 373; Anon., Addis. 272.