Fisher v. Nyce
Supreme Court of Pennsylvania
Certiorari to David Beitler and Samuel P. Jones, aldermen of Philadelphia, No. 18, to July Term 1868, issued at the instance of William Nyce.
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Certiorari to David Beitler and Samuel P. Jones, aldermen of Philadelphia, No. 18, to July Term 1868, issued at the instance of William Nyce. The record of the aldermen showed that on the 4th of April 1867, proof was made before them that, on the 1st of April 1867, Charles Delaney leased certain premises on Beach street, Philadelphia, to William Nyce, for one year, at $800 rent; that Nyce, by virtue of the lease, entered into possession; that Delaney on the 24th of July 1866 conveyed the premises to George W. Eisher in fee; that Nyce held possession during the term, and w'as still in…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
— The ground on which we are asked to reverse these proceedings is, that the aldermen refused to grant the defendant a continuance or even a delay of thirty minutes to procure the attendance of a witness to contradict one who was examined before them. The principle on which the courts proceed on certiorari, in cases of this nature, is very well stated by Judge King, in Knight v. Parry, 1 Ashmead 221: “ If from the *109whole facts a fair presumption arises that the justice boná fide refused to grant the continuance prayed for, because he…
2Cases cited1 opinion
- Buckmyer v. DubsSupreme Court of Pennsylvania · 1812
3Cited by2 opinions
- State ex rel. Valeton v. SkinnerSupreme Court of Louisiana · 1881
- Commonwealth v. Johns, Pennsylvania Court of Common Pleas, Lawrence County1948