Alberty v. Dawson
Supreme Court of Pennsylvania
In Error. THIS was a certiorari to the Common Pleas of Philadelphia county. The cause originated before a justice of the peace, who gave judgment for Dawson the plaintiff below, upon a warrant of attorney, without issuing either summons or capias. This judgment was affirmed in the Common Pleas, and upon the removal to this court the proceeding without summons or capias was assigned for error.
1Opinion of the Court
Shippen C. J.
A limited authority, such as. is given to justices of the peace, must be strictly pursued. They cannot interfere officially in a civil controversy without pursuing the steps pointed out by the act.
Smith J.
It has always been held that if the proceeding was neither by summons nor capias, it ivas irregular.
Per Curiam. Judgment reversed.
2Cited by3 opinions
- Feger v. KrohSupreme Court of Pennsylvania · 1837
- Truitt Bros. & Co. v. Ludwig, Kneedler & Co.Supreme Court of Pennsylvania · 1855
- Willer v. FrenchAppellate Court of Illinois · 1888