Morris v. Buckley
Supreme Court of Pennsylvania
In Error. ON motion of Buchanan, for the plaintiff in error, a rule was granted to shew cause why a mandamus should not issue to the Court of Common Pleas of .Berks county, commanding them to seal a bill of exceptions which had been exhibited to them, and which was now exhibited to this Court, or to shew cause for not doing so; and also to return, as part of the record, a paper containing twelve points of law, on which the counsel for the plaintiff had requested the said…
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In Error. ON motion of Buchanan, for the plaintiff in error, a rule was granted to shew cause why a mandamus should not issue to the Court of Common Pleas of .Berks county, commanding them to seal a bill of exceptions which had been exhibited to them, and which was now exhibited to this Court, or to shew cause for not doing so; and also to return, as part of the record, a paper containing twelve points of law, on which the counsel for the plaintiff had requested the said Court to charge the jury, together with'the answers of the Court annexed. From the affidavits of Frederick Smith and…
1Opinion of the Court
The opinion of the Court was delivered by
Tilghman C J;-
The counsel for the plaintiff in error have made an application to the Court, founded on the affidavits of Frederick Smith and William Darling, esquires* for a writ of mandamus to the Judges of the Court of Common Pleas of Berks county, commanding them to affix their seals to a certain bill of exceptions, taken at the trial of‘this cause before them, or'shew cause, &c.
On the argument on this motion, two points have been made — 1st. As to the powerof this Court to issue a mandamus to the- Court of Common Pleas. 2d. As to the' propriety of…
2Cases cited1 opinion
- Jones v. Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1802
3Cited by4 opinions
- Nadenbousch v. SharerWest Virginia Supreme Court · 1867
- Drexel v. ManSupreme Court of Pennsylvania · 1843
- Galveston Hotel Co. v. BoltonTexas Supreme Court · 1877
- Bratton v. MitchellSupreme Court of Pennsylvania · 1846