Spicer v. Rees
Supreme Court of Pennsylvania
Certiorari to John Swift, Esq. Mayor of the city of Philadelphia. This was an action of debt, to recover the penalty of five dollars, for an alleged violation of the first section of an ordinance of the city, passed the 28th of March, 1822, and entitled “ a further supplement to an ordinance for the regulation of the market held in, High street, and for other purposes.”
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Certiorari to John Swift, Esq. Mayor of the city of Philadelphia. This was an action of debt, to recover the penalty of five dollars, for an alleged violation of the first section of an ordinance of the city, passed the 28th of March, 1822, and entitled “ a further supplement to an ordinance for the regulation of the market held in, High street, and for other purposes.” The said section is as follows: “ From and after the passing of this ordinance, no stall or stand in the western moieties of either of the market houses in High street, west of Fourth, street, shall be let to any person…
1Opinion of the Court
The opinion of' the court was delivered by
Gibson, C. J.
By the twenty-fourth section of the act of 1810, it is declared that “ no writ of certiorari by or out of the Supreme Court to any justice of the peace in any civil suit or action, shall be available to remove the proceedings had before such justice.” Is the present then a civil suit ? Whatever may have been the notions of the courts in the earlier times, the point was solemnly considered and decided in Atcheson v. Everitt, Corp. 382, where it was determined that actions strictly popular and not compensatory, are not criminal prosecutions…
2Cases cited3 opinions
- Buckwalter v. United StatesSupreme Court of Pennsylvania · 1824
- Deal's executors v. DealSupreme Court of Pennsylvania · 1821
- Jones v. StrattonSupreme Court of Pennsylvania · 1818
3Cited by10 opinions
- Commonwealth ex rel. Johnson v. BettsSupreme Court of Pennsylvania · 1875
- Bor. of Mahanoy City v. Wadlinger, Pennsylvania Court of Common Pleas, Schuylkill County1891
- Borough of Colwyn v. TarbottonSuperior Court of Pennsylvania · 1896
- Sweitzer v. EmertSuperior Court of Pennsylvania · 1913
- Commonwealth v. Atlantic Refining Co.Superior Court of Pennsylvania · 1917
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