Case of "the Philadelphia & Trenton Rail Road"
Supreme Court of Pennsylvania
This was a certiorari to the Court of Quarter Sessions for the County of Philadelphia, to remove the proceedings in the matter of the Philadelphia and Trenton Rail Road Company.
Read the full summary
This was a certiorari to the Court of Quarter Sessions for the County of Philadelphia, to remove the proceedings in the matter of the Philadelphia and Trenton Rail Road Company. The proceedings in this case were instituted under an act entitled “A further supplement to an act entitled an act authorising the Governor to incorporate the Philadelphia and Trenton Rail Road Company,” passed on the 22d of March, 1839; the material provisions of which are as follows: “ Sect. 1.—That the Philadelphia and Trenton Rail Road Company be, and they are hereby authorised, to continue the rail road of said…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
A certiorari lies in all judicial proceedings in which a writ of error does not lie; and being a substitute for a writ of error, it is governed by the same, or strictly analogous, principles: consequently no point can be raised on it which is not apparent exclusively in the proceedings removed by it. Though not peculiar to road cases, this principle was enforced in the case of the Schuylkill Falls Road, (2 Binney, 250;) of Penn's Grove and ■ Concord Road, (4 Yeates, 372;) and of Spring Garden street, (4 Rawle, 194:) in all which this court…
2Cases cited4 opinions
- Rung v. ShonebergerSupreme Court of Pennsylvania · 1833
- Kirkham v. SharpSupreme Court of Pennsylvania · 1836
- Union Burial Ground Society v. RobinsonSupreme Court of Pennsylvania · 1839
- Certiorari to the Sessions of Delaware CountySupreme Court of Pennsylvania · 1807
3Cited by76 opinions
- Gibson v. United StatesSupreme Court of the United States · 1897
- Commonwealth v. FunkSupreme Court of Pennsylvania · 1936
- Sharpless v. Mayor of PhiladelphiaSupreme Court of Pennsylvania · 1853
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Breinig v. Allegheny CountySupreme Court of Pennsylvania · 1938
71 more not listed; retrieve them via the Exa API.