Tilghman C. J. The jurisdiction of the justice is founded on the act of Assembly; and having exceeded that jurisdiction, the judgment is erroneous. On the appeal every objection on the law or the merits was open to the appellant; and it appearing to the Common Pleas on the face of the record that the judgment of the justice was erroneous, it was their duty to arrest the judgment, although this matter was not pleaded. Yeates J. and Smith J. concurred.