Spade v. Bruner
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Juniata county: No. 12, to May Term 1872. This was an action of trespass d. b. a. brought to September Term 1870, of the court below, by Jacob Spade against Jeremiah Bruner and William Carl, for seizing and selliiig a wagon of the plaintiff under the following circumstances.
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Error to the Court of Common Pleas of Juniata county: No. 12, to May Term 1872. This was an action of trespass d. b. a. brought to September Term 1870, of the court below, by Jacob Spade against Jeremiah Bruner and William Carl, for seizing and selliiig a wagon of the plaintiff under the following circumstances. On the 2d of' March 1863, Philip Spade for the use of William Carl, recovered judgment againt Jacob Umboltz and Jacob Spade before Justice Light for $40. Light’s commission as justice had expired prior to May 31st 1870. On that day he gave a certified transcript of the judgment, on…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
— The learned judge below came, we think, to the right conclusion upon the question raised by the third assignment of error, as to the effect of the judgment before Justice Reed rendered on the transcript of Justice Light. Reed had no jurisdiction or power to proceed in that way, and if that judgment had come directly in question upon appeal or certiorari it must have been so held, as was decided in Koons v. Headley, 13 Wright 168. The authorities cited by the learned judge in his able opinion demonstrate that where a justice has general…
2Cited by4 opinions
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- Front & Huntingdon Building & Loan Ass'n v. BerzinskiSuperior Court of Pennsylvania · 1937
- In re KolberDistrict Court, E.D. Pennsylvania · 1912
- Bohlander v. Collins, Pennsylvania Court of Common Pleas, Alleghany County1950