McGuire v. Borough of Shenandoah
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Schuylkill county : Of July Term 1884, No. 153. This was in the court below a petition by Catharine McGuire for a rule on William H. Shoemaker, a Justice of the Peace, to show cause why a mandamus should not issue commanding him to grant the petitioner leave to appeal from a judgment entered by said Shoemaker against the petitioner for violation of a borough ordinance.
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Error to the Court of Common Pleas of Schuylkill county : Of July Term 1884, No. 153. This was in the court below a petition by Catharine McGuire for a rule on William H. Shoemaker, a Justice of the Peace, to show cause why a mandamus should not issue commanding him to grant the petitioner leave to appeal from a judgment entered by said Shoemaker against the petitioner for violation of a borough ordinance. The petition set out the following facts: The borough of Shenandoah brought suit against Thomas McGuire and Catharine his wife, who were owners of certain tenement houses in that borough,…
1Opinion of the CourtChief Justice Mercur
Art. Y., Sec. 14, of the Constitution of 1874 declares “ in all cases of summary conviction in this Commomvealth, or of judgment in suit for a penalty before a magistrate, or court not of record, either party may appeal to such court of record as may be prescribed by law, upon allowance of the appellate court or judge thereof, upon cause shown.” Thus it appears, in the cases mentioned, the right to grant an appeal is not in the inferior court which entered the judgment. It is vested in the court of record, or a judge thereof, to Avhich the appeal is to be taken, and cause therefor must be…
2Cited by17 opinions
- Thompson v. PrestonSuperior Court of Pennsylvania · 1897
- Commonwealth v. EichenbergSupreme Court of Pennsylvania · 1891
- Commonwealth v. McCannSupreme Court of Pennsylvania · 1896
- Commonwealth ex rel. Allegheny County v. HendleySuperior Court of Pennsylvania · 1898
- Commonwealth v. LuckeySuperior Court of Pennsylvania · 1906
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