Swain v. Brady
Pennsylvania Court of Common Pleas, Bradford County
Trial Outside of Township Where Justice Resided — Appeal—Certiorari. No. 173-½, December Term, 1899, C. P. of Bradford county, A. C. Fanning, P. J., Appeal No. 45, January Term, 1902, Superior Court. Argued in Super. Ct. Jan. 20, 1902. Facts involved in the case.
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Trial Outside of Township Where Justice Resided — Appeal—Certiorari. No. 173-½, December Term, 1899, C. P. of Bradford county, A. C. Fanning, P. J., Appeal No. 45, January Term, 1902, Superior Court. Argued in Super. Ct. Jan. 20, 1902. Facts involved in the case. Plaintiff in the above case brought a suit before a Justice of the Peace of Towanda Township, Bradford county, summous having been issued in said Township, but the trial having been held in the Borough of Towanda where the Justice as a prac-tising attorney had his office. An appeal was taken and the case tried upon its merits. The…
1Opinion of the Court
Opinion by
Beaver, J.,
The right of appeal from the judgment of a Justice of the Peace is statutory. The mode of appeal, the time of its entry and what is to be tried therein are set forth specifically in section 4 of the Act of March 20, 1810, 5 Sm. L. 161, which provides : “That upon any such appeal from the decision, determination or order of two Justices of the Peace to the Court of *14Common Pleas or Court of Quarter Sessions in any county, the cause shall be decided in such Court on its facts and merits only and no deficiency or form of substance in the record or proceedings returned nor any…
2Cases cited5 opinions
- Deihm v. SnellSupreme Court of Pennsylvania · 1888
- Township of Moreland v. GordnerSupreme Court of Pennsylvania · 1885
- Gingrich v. SheafferSuperior Court of Pennsylvania · 1901
- Comfort v. LelandSupreme Court of Pennsylvania · 1838
- Gue v. Kline & ReifsnyderSupreme Court of Pennsylvania · 1850