Commonwealth v. Capp
Supreme Court of Pennsylvania
Certiorari to the Quarter Sessions of Clinton county. At December Sessions 1863, ITosea Capp, one of the conductors of passenger trains upon the Philadelphia and Erie Railroad, in the employ of the Pennsylvania Railroad Company, was indicted for obstructing one of the streets of the borough of Lock Haven, by permitting cars to stand upon the crossing of said street, contrary to the Act of Assembly and the peace and dignity, &c.
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Certiorari to the Quarter Sessions of Clinton county. At December Sessions 1863, ITosea Capp, one of the conductors of passenger trains upon the Philadelphia and Erie Railroad, in the employ of the Pennsylvania Railroad Company, was indicted for obstructing one of the streets of the borough of Lock Haven, by permitting cars to stand upon the crossing of said street, contrary to the Act of Assembly and the peace and dignity, &c. The defendant demurred to the bill, and the district attorney joined issue on the demurrer. The court below, on hearing, delivered the following opinion, and gave…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
— The motion to quash the writ of certiorari, because it was issued without a special allocatur, was argued in connection with the question upon the record, and is first to be disposed of.
*56Notwithstanding the generality and comprehensiveness of the language of the Act of Assembly of June 16th 1836, defining the jurisdiction and powers of this court (Purd. 928), the construction given to it in The Commonwealth v. McGinnis, 2 Wh. 114, left in force the Act of April 13th 1791, which forbade a writ of certiorari to any person indicted for…
2Cases cited1 opinion
- Commonwealth v. M'GinnisSupreme Court of Pennsylvania · 1837
3Cited by10 opinions
- Commonwealth v. SimpsonSupreme Court of Pennsylvania · 1932
- Com. of Penna. v. BensonSuperior Court of Pennsylvania · 1928
- State v. ColemanSupreme Court of Rhode Island · 1937
- Commonwealth v. LongSupreme Court of Pennsylvania · 1923
- Commonwealth v. ColemanSupreme Court of Pennsylvania · 1987
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