Thirty-fourth Street, Philadelphia
Supreme Court of Pennsylvania
Certiorari to the Court of Quarter Sessions of Philadelphia: No. 255, to January Term 1874. These proceedings commenced on the 28th of November 1871, on the petition of Thomas Costigan, representing that he owned property in the Twenty-fourth ward of Philadelphia through which Thirty-fourth street, as laid down on ,the public plan of the city, would pass; that the city councils, by a resolution of July 11th 1871, directed the chief commissioner of highways to notify owners…
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Certiorari to the Court of Quarter Sessions of Philadelphia: No. 255, to January Term 1874. These proceedings commenced on the 28th of November 1871, on the petition of Thomas Costigan, representing that he owned property in the Twenty-fourth ward of Philadelphia through which Thirty-fourth street, as laid down on ,the public plan of the city, would pass; that the city councils, by a resolution of July 11th 1871, directed the chief commissioner of highways to notify owners of property over which Thirty-fourth street would pass, that after three months from the notice the street would be…
1Opinion of the CourtJustice Paxson
A writ of certiorari was sued out by Hugh Mcllvaine to the Court of Quarter Sessions of Philadelphia, to bring up the record of that court in the matter of the proceedings to assess the damages for the widening of Thirty-fourth street. The case is inaccurately termed an appeal, and the parties are treated as appellant and appellee in the respective paper-books. This is erroneous; there is no appeal in the case. The distinction between an appeal and a certiorari is marked and should not be lost sight of. An appeal brings up the case upon its merits; a certiorari brings up the record only, and…
2Cases cited1 opinion
- Case of Road from Thomas's CreekSupreme Court of Pennsylvania · 1837
3Cited by3 opinions
- Grant v. Cumberland Valley Cement Co.West Virginia Supreme Court · 1905
- Rainey v. Freeport Smokeless Coal & Coking Co.West Virginia Supreme Court · 1905
- Appeal of Philadelphia College of Law, Inc., Pennsylvania Court of Common Pleas, Dauphin County1945