Legal Opinion

Wyatt v. Szymanski

Superior Court of Pennsylvania

Decided February 26, 1909No. Appeal, No. 49PublishedCited by 2 opinions

Appeal, No. 49, Oct. T., 1908, by defendant, from order of C. P. Schuylkill Co., Sept. T.,-1907, No. 308, affirming judgment of justice of the peace in case of R. W. Wyatt v. Adam Szymanski. Certiorari to judgment of justice of the peace. The opinion of the Superior Court states the case. Error assigned was in affirming the judgment of the justice of the peace.

1Opinion of the Court

Per Curiam,

The twenty-second section of the Act of March 20,1810, 5 Sm. L. 161, relating to writs of certiorari in cases originating before justices of the peace provides as follows: “And the judgment of the court of common pleas shall be final on all proceedings removed as aforesaid, by the said court, and no writ of error shall issue thereon.” It is claimed that this section does not apply to the present case, because the cause of action upon which the justice rendered judgment in the plaintiff’s favor was not within his jurisdiction; also that in determining whether the cause of action was…

2Cases cited1 opinion

  1. Crumley v. Crescent Coal Co.Superior Court of Pennsylvania · 1900

3Cited by2 opinions

  1. Commonwealth v. JesterSupreme Court of Pennsylvania · 1917
  2. Houser v. KimeSuperior Court of Pennsylvania · 1910

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