Emerick v. Harris
Supreme Court of Pennsylvania
THIS was a certiorari to the alderman’s court of Philadelphia. The record shewed an action of debt by Emerick against Harris, in which the defendant had suffered judgment to go by default for 11/. 65. Od. and the costs; and the only objection to the proceeding was, that the alderman’s court had no jurisdiction in causes above 10/. Before the adoption of the present constitution of Pennsylvania in 1790, justices of the peace, by an act passed the 5th April 1785, 2 St. Laws,…
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THIS was a certiorari to the alderman’s court of Philadelphia. The record shewed an action of debt by Emerick against Harris, in which the defendant had suffered judgment to go by default for 11/. 65. Od. and the costs; and the only objection to the proceeding was, that the alderman’s court had no jurisdiction in causes above 10/. Before the adoption of the present constitution of Pennsylvania in 1790, justices of the peace, by an act passed the 5th April 1785, 2 St. Laws, 304. had jurisdiction in cases of debt or demand not exceeding 10/.; but by a law passed the 19th April 1794, 3 St. Laws,…
1Opinion of the Court
On this day the judges delivered their opinions.
Yeates J.
On the first question argued in this case, I have no doubt whatever, that this court is vested with the legitimate power of deciding on the constitutionality of an act of the legislature. The judicial authority of this state comprehends the exercise of this right as well on principle as precedent.
The constitution, being the act of the people, and the compact according to which they have agreed with each other that the government which they have established shall be administered, is a law to the government; and a sacred reverence for it…
2Cases cited2 opinions
- Hayburn's CaseSupreme Court of the United States · 1792
- Hylton v. United StatesSupreme Court of the United States · 1796
3Cited by25 opinions
- Consumer Party of Pennsylvania v. Com.Supreme Court of Pennsylvania · 1986
- Vaughn v. ScadeSupreme Court of Missouri · 1860
- In Re SimmonsCourt of Criminal Appeals of Oklahoma · 1911
- Jones v. RobbinsMassachusetts Supreme Judicial Court · 1857
- Govan v. JacksonSupreme Court of Arkansas · 1877
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