Legal Opinion

Overseers v. Brown

Supreme Court of Pennsylvania

Decided May 15, 1850Published

This was a certiorari to the Court of Quarter Sessions of Mifflin county, by the Overseers of the Poor of Derry township, against the Overseers of the Poor of Brown Township, for medical services rendered by a physician to Thompson and wife, who had become chargeable upon Derry township, not having gained a legal settlement therein; but whose legal settlement was alleged to have been in Brown township; and also for attendance upon and necessaries furnished to them.

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This was a certiorari to the Court of Quarter Sessions of Mifflin county, by the Overseers of the Poor of Derry township, against the Overseers of the Poor of Brown Township, for medical services rendered by a physician to Thompson and wife, who had become chargeable upon Derry township, not having gained a legal settlement therein; but whose legal settlement was alleged to have been in Brown township; and also for attendance upon and necessaries furnished to them. An order had been made by two Justices of the Peace, in May 1849, upon the Overseers of the township of Derry, requiring them to…

1Opinion of the Court

The opinion of the court was delivered by

Coulter, J.

The court may doubtless issue a certiorari to the court of Quarter gesssions for the purpose of bringing up the record, and may correct any error in the process, proceedings, judgments and decrees of such court. But it would be out of place and out of order to examine into the merits of the controversy, upon facts. There is no mode provided in the law, by which the facts can be legitimately before this court. The usual manner of bringing the facts before this court, in civil cases, on a writ of error, is by bill of exceptions in the court…

2Cases cited2 opinions

  1. Overseers of South Huntingdon v. Overseers of East HuntingdonSupreme Court of Pennsylvania · 1838
  2. Allison v. Delaware & Schuylkill Canal Co.Supreme Court of Pennsylvania · 1840

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