Pennsylvania Utilities Co. v. Mt. Bethel Milling Co.

STEWART, P. J.,

This is a certiorari to the judgment of an alderman. Judgment was entered for want of a sufficient affidavit of defence under the provisions of the Act of July 7,1879, P. L. 194. It has always been held upon certiorari that the provisions of the Act of 1879 must be strictly complied with. In Murdy v. McCutcheon et ux., 95 Pa. 435, the Supreme Court took jurisdiction of the case under the act, although in Huntington and Broad Top Mountain R. R. Co. v. Fluke, 32 Pa. Superior Ct. 126, President Judge Rice of the Superior Court showed that the Supreme Court had evidently overlooked…