Bor. of Mahanoy City v. Wadlinger
Pennsylvania Court of Common Pleas, Schuylkill County
. No. 60 January Term 1891, Sup. Ct.; court below, No. 282 November Term 1889. On October 14, 1889, in an action brought before a justice of the peace by the borough of Mahanoy City against A. M. Wadlinger and others, partners as A. M. Wadlinger & Sons, to recover the penalty provided for the violation of an ordinance prohibiting the erection and maintenance of a slaughter-house, to the nuisance “ of any neighbor or any person whatsoever,” the justice entered judgment for…
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. No. 60 January Term 1891, Sup. Ct.; court below, No. 282 November Term 1889. On October 14, 1889, in an action brought before a justice of the peace by the borough of Mahanoy City against A. M. Wadlinger and others, partners as A. M. Wadlinger & Sons, to recover the penalty provided for the violation of an ordinance prohibiting the erection and maintenance of a slaughter-house, to the nuisance “ of any neighbor or any person whatsoever,” the justice entered judgment for the plaintiff for the amount of the penalty, to wit, $25. Thereupon the defendants took a writ of certiorari. The…
1Opinion of the Court
Opinion,
Mr. Justice McCollum:
This was an action of debt, commenced and successfully prosecuted before a justice of the peace, for the recovery of the penalty prescribed for the violation of a borough ordinance. The record was removed by certiorari to the Court of Common Pleas, where the judgment of the magistrate was reversed, and from the decision of that court this appeal was taken. When the case was called for argument here, a motion was made to quash the appeal, on the ground that the judgment of the Common Pleas was final, by force of the twenty-second section of the act of March 20,…
2Cases cited2 opinions
- Commonwealth ex rel. Johnson v. BettsSupreme Court of Pennsylvania · 1875
- Spicer v. ReesSupreme Court of Pennsylvania · 1835
3Cited by16 opinions
- Pleasant Hills Borough v. CarrollSuperior Court of Pennsylvania · 1956
- York v. BaynesSuperior Court of Pennsylvania · 1959
- Commonwealth ex rel. Allegheny County v. DavisonSuperior Court of Pennsylvania · 1899
- Borough of Colwyn v. TarbottonSuperior Court of Pennsylvania · 1896
- Crumley v. Crescent Coal Co.Superior Court of Pennsylvania · 1900
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