Opinion
September 29, 1937.
November 12, 1937.
Practice — Payment into court — Actual amount in controversy — Jurisdiction of Supreme and Superior Courts.
Where plaintiff rejects a tender by defendant of the amount admitted to be due and after leave the undisputed sum is paid into court, the money paid into court becomes that of the plaintiff and the amount really in controversy is the difference between the sum claimed by plaintiff and the amount paid into court.
Argued September 29, 1937.
Before SCHAFFER, MAXEY, DREW, LINN, STERN and BARNES, JJ.
Appeal, No. 110, March T., 1937, from order of C. P. Allegheny Co., Oct. T., 1936, No. 1589, in case of School District of the Township of Baldwin v. Pittsburgh Terminal Coal Corporation. Remitted to Superior Court.
Assumpsit.
The opinion of the Supreme Court states the facts.
Motion by defendant for leave to pay into court sum admitted to be due granted. Plaintiff's rule for judgment for want of a sufficient affidavit of defense discharged, before REID, P. J., DITHRICH and RICHARDSON, JJ., opinion by RICHARDSON, J. Plaintiff appealed.
Error assigned was discharge of rule for judgment.
Motion by appellee to remit case to Superior Court.
Irwin I. Tryon, for appellant.
Sidney J. Watts, of Baker Watts, for appellee.
We are confronted in this case with a motion to remit it to the Superior Court on the ground that the amount involved is less than $2,500.
The action is assumpsit, brought in pursuance of the provisions of section 503 of the Act of May 18, 1911, P. L. 309, 24 PS Sec. 384, to recover taxes due by defendant to plaintiff school district.
In its statement of claim plaintiff alleges there is due for unpaid taxes $6,043.75, with interest and costs of suit, also a penalty of ten per cent. In the affidavit of defense defendant admits owing the amount claimed for the tax, but denies owing interest and the ten per cent penalty. It tendered to plaintiff checks for the amount admitted, which were refused and thereupon asked leave to pay into court the undisputed sum, $6,043.75. Leave was granted and this amount was paid into court. Thereupon the money became the school district's: Lower Yoder Township School District v. Title Trust Guarantee Co., 318 Pa. 243, 178 A. 475, and the amount really in controversy is the interest and the ten per cent penalty, the aggregate of which is less than $900.
Remitted to Superior Court.