Legal Opinion

Hughes v. Mine Hill & Schuylkill Haven Railroad

Supreme Court of Pennsylvania

Decided July 1, 1858PublishedCited by 2 opinions

Error to the Common Pleas of Schuylkill county. This was an action on the case, by Francis W. Hughes and Patrick M. Langton against the Mine Hill and Schuylkill Haven Eailroad Company, to recover damages for the burning of property belonging to the plaintiffs, occasioned by sparks emitted from the stack of a locomotive owned by and running upon the railway of the defendants.

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Error to the Common Pleas of Schuylkill county. This was an action on the case, by Francis W. Hughes and Patrick M. Langton against the Mine Hill and Schuylkill Haven Eailroad Company, to recover damages for the burning of property belonging to the plaintiffs, occasioned by sparks emitted from the stack of a locomotive owned by and running upon the railway of the defendants. The suit was commenced on the 26th March 1856, and upon the 22d April 1857, an affidavit and precipe were filed by the defendants, directing the removal of the cause into the Court of Common Pleas of Dauphin county, under…

1Opinion of the Court

The opinion of the court was delivered by

Lowrie, C. J.

— Certiorari is a common form for the removal of causes for trial from one tribunal to another, and the service of the writ operates as an immediate supersedeas of the jurisdiction of the court to which it is directed, and removal of the cause. The actual removal of the record from the one court to the other, is merely one of the steps that are necessary to prepare the cause for hearing. A court must have the jurisdiction of the cause, in order to entitle it to the record; as it must have jurisdiction of a cause before the pleadings are…

2Cited by2 opinions

  1. Rome Sales & Service Station v. FinchSuperior Court of Pennsylvania · 1935
  2. Brower v. Berlo Vending Co.Superior Court of Pennsylvania · 1978

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