Commonwealth v. Murphy
Superior Court of Pennsylvania
Petition for habeas corpus Nos. 126 and 127, Oct. T., 1910, in suits of Commonwealth ex rel. William J. Jones and William E. Grow v. Patrick J. Murphy, Sheriff of Schuylkill County, and James Walton, Warden of the Schuylkill County Prison. Petitions for writ of habeas corpus.
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Petition for habeas corpus Nos. 126 and 127, Oct. T., 1910, in suits of Commonwealth ex rel. William J. Jones and William E. Grow v. Patrick J. Murphy, Sheriff of Schuylkill County, and James Walton, Warden of the Schuylkill County Prison. Petitions for writ of habeas corpus. The petition to the Superior Court for the writ of habeas corpus was as follows: “On September 2, 1909, your relator, and the four other election officers of the William Penn polling district of West Mahanoy Township, Schuylkill County, were arrested for making a false return and making a false list of voters at the…
1Opinion of the Court
Opinion by
Rice, P. J.,
During the same term in which it was given a judgment was amendable, at common law, in form or in substance, but after that term it was amendable no further than was allowed by the statute of amendments: 2 Tidd’s Pr. 942. The reason given for the distinction was that during the term the record was in the breast of the judges and not in the roll: Blackamore’s Case, 8 Coke’s Reports, *157 (a); Bac. Abr., Amendment and Jeofail. While the reason for the rule of the English courts, arising from the peculiar manner in which the record was there made up and kept, does not exist…
2Cases cited6 opinions
- Commonwealth v. Mayloy & KeatingSupreme Court of Pennsylvania · 1868
- Leib v. CommonwealthSupreme Court of Pennsylvania · 1840
- Williams v. CommonwealthSupreme Court of Pennsylvania · 1857
- Butts v. ArmorSupreme Court of Pennsylvania · 1894
- Mathers's v. PattersonSupreme Court of Pennsylvania · 1859
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3Cited by5 opinions
- Fisher v. FisherSuperior Court of Pennsylvania · 1920
- Commonwealth Ex Rel. Michelotti v. AsheSuperior Court of Pennsylvania · 1948
- Commonwealth v. GrowSuperior Court of Pennsylvania · 1911
- Commonwealth v. HottleSuperior Court of Pennsylvania · 1939
- Commonwealth v. MillerBedford County Court of Quarter Sessions · 1948