Wynkoop v. Cooch
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Schuylkill county: Of January Term 1879, No. 38. The plaintiff below, Thomas Cooch, filed in court a petition setting forth that he was the purchaser at sheriff’s sale of the property of the defendants below, John E. Wynkoop and wife, that he had given three months’ notice requiring them to surrender possession, and that they had failed to do so, and praying the court for a rule to show cause why a writ of possession should not be…
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Error to the Court of Common Pleas of Schuylkill county: Of January Term 1879, No. 38. The plaintiff below, Thomas Cooch, filed in court a petition setting forth that he was the purchaser at sheriff’s sale of the property of the defendants below, John E. Wynkoop and wife, that he had given three months’ notice requiring them to surrender possession, and that they had failed to do so, and praying the court for a rule to show cause why a writ of possession should not be awarded, as provided by Act of May 13th 1871 (Pamph. L. 820), relating to the county of Schuylkill. An affidavit of a…
1Opinion of the CourtChief Justice Sharswood
delivered the' opinion of the court, March 31st 1879.
The main contention of the plaintiffs in -error is that the Act of May 13th 1871, Pamph. L. 820, entitled “ An act to obtain possession of real estate by purchasers at coroners’, sheriffs’ and Orphans’ Court sales within the county of Schuylkill,” is unconstitutional, being in derogation of the righs of trial by jury secured in the Bill of Rights, by the declaration, “ Trial by jury shall be as heretofore, and the right thereof remain inviolate.” The object of this provision was to preserve the'jury as a tribunal for the decision of all…
2Cases cited2 opinions
- Emerick v. HarrisSupreme Court of Pennsylvania · 1808
- Lessee of Culbertson v. MartinSupreme Court of Pennsylvania · 1799
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- West Virginia Pulp & Paper Co. v. Public Service CommissionSuperior Court of Pennsylvania · 1915
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