Page:United States Reports, Volume 1.djvu/146

 

SUPREME COURT of Pennʃylvania:

September Term, 1785.

HE defendant was brought before the Court on a ''Hab. Corp. and the return ftated, that he was committed in execution by the warrant of a Juʃtice oƒ the peace''  for a debt of Ł10,6,3.

Sergeant moved that he fhould be difcharged, on this principle, that although the errors of a Juftice, while he keeps within his jurifdiction, are binding, ’till his judgment is reverfed ; yet where he exceeds his jurifdiction, all his acts are, in themfelves, merely null and void.

— It appearing upon the face of the record, that the juftice has exceeded his jurifdiction,, by giving judgment, and iffuing an execution, for a greater fum than ten pounds, we cannot but confider the whole as a nullity ; and, for the reafon alone, difcharge the defendant. 

HESE caufes were marked for trial this day. Lewis for the defendant tendered the affidavit of Maʃon,  the defendant in the firft action, of the abfence of a maternal witnefs. Bradford for the plaintiff, defired, on the authority of the ''Chev. D. Ea''