Sterling v. Commonwealth
Supreme Court of Pennsylvania
Certiorari to the Court of Quarter Sessions of Beaver county. This case arose under the Act of Assembly of 13th June, 1836, entitled, “An Act relating to the support and employment of the Poor.”
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Certiorari to the Court of Quarter Sessions of Beaver county. This case arose under the Act of Assembly of 13th June, 1836, entitled, “An Act relating to the support and employment of the Poor.” On the 16th September, 1857, Robert Potter, one of the “ Directors of the Poor, and of the House of Employment of the county of Beaver,” made information, before two justices of the peace of said county, that William R. Sterling, the plaintiff in error, had separated himself from his wife, Matilda Sterling, and deserted her and his small child, leaving her and it a charge on the county. Whereupon, on…
1Opinion of the Court
The opinion of the court was delivered October 28, 1858, by
Lowrie, C. J.
— We are cut off from the consideration of the careful and learned argument of the counsel, relative to the jurisdiction of this case by a previous question ; the answer to which excludes it.
It is a postulate of the jurisdiction question, that the warrant of the justices could not properly issue, except on the oath of a majority of the directors of the poor. But such is not the meaning of the Act of Assembly. It means that the proceeding must be instituted at their instance. When instituted, the evidence must be…
2Cited by8 opinions
- Townsend v. BoydSupreme Court of Pennsylvania · 1907
- Kile v. GiebnerSupreme Court of Pennsylvania · 1886
- State v. HemsleySupreme Court of New Jersey · 1896
- Lefever v. ArmstrongSuperior Court of Pennsylvania · 1901
- Commonwealth v. PetersSomerset County Court of Quarter Sessions · 1925
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