Commonwealth v. Burkhart
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Union county. This was a certiorari to a justice of the peace on a summary conviction under the Act of 16th March, 1847, for disturbing a religious meeting.- s Information was made before David Botdorf, a justice of the peace of said county, that, at a given time and place, “ whilst the Evangelical Lutheran Congregation were assembled for the purpose of religious worship, and transacting business pertaining to such worship, Burkhart, the…
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Error to the Court of Common Pleas of Union county. This was a certiorari to a justice of the peace on a summary conviction under the Act of 16th March, 1847, for disturbing a religious meeting.- s Information was made before David Botdorf, a justice of the peace of said county, that, at a given time and place, “ whilst the Evangelical Lutheran Congregation were assembled for the purpose of religious worship, and transacting business pertaining to such worship, Burkhart, the defendant, was guilty of disturbing them in their said worship and business;” and therefore he was tried and convicted.…
1Opinion of the Court
The opinion of the Court was delivered by
Lowrie, J.
We are asked to quash the writ, because the decision on the certiorari in the Common Pleas cannot be reviewed here, and, if it can, it must be done on certiorari. But we think these reasons are not sound; for section 22 of the hundred dollar law, preventing, writs of error to review the judgment of the Common Pleas on a certiorari to a justice of the peace, applies only to the jurisdiction given by that Act; and, because, though the proceeding before the justice of the peace was out of the course of tire common law, yet the certiorari suit in…
2Cited by23 opinions
- Com. of Penna. v. BensonSuperior Court of Pennsylvania · 1928
- Commonwealth of Pa. v. HunterSuperior Court of Pennsylvania · 1932
- Strouse v. LawrenceSupreme Court of Pennsylvania · 1894
- Commonwealth ex rel. Allegheny County v. DavisonSuperior Court of Pennsylvania · 1899
- Commonwealth v. LaytonSuperior Court of Pennsylvania · 1911
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