Commonwealth ex rel. McDougall v. McDougall
Supreme Court of Pennsylvania
Appeal, No. 386, Jan. T., 1901, by plaintiff, from order of C. P. York Co., Aug. T., 1901, No. 33, on writ of habeas corpus in case of Commonwealth ex rel. Kenneth McDougall v. Emma Virginia McDougall. Habeas corpus to determine the right to the custody of a child. The record showed the following docket entries: On petition and affidavit filed, writ of habeas corpus awarded. By the Court. W. F. Bat Stewart, Judge.
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Appeal, No. 386, Jan. T., 1901, by plaintiff, from order of C. P. York Co., Aug. T., 1901, No. 33, on writ of habeas corpus in case of Commonwealth ex rel. Kenneth McDougall v. Emma Virginia McDougall. Habeas corpus to determine the right to the custody of a child. The record showed the following docket entries: On petition and affidavit filed, writ of habeas corpus awarded. By the Court. W. F. Bat Stewart, Judge. June 5, 1901, served the within writ of habeas corpus on Emma V. McDougall, herein named, by handing to her and leaving with her a true and attested copy; at the same time informing…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
Unfortunately there is no appeal in a case of habeas corpus, even for the custody of a child. This appeal, therefore, has only the effect of certiorari. If the legal questions discussed were before us we might not be able to agree with the reasoning or the conclusions of the learned judge below, but as his opinion is not part of the record, and only the record is before us, we express no opinion on them. The record being regular the appeal must be dismissed.
Appeal dismissed.
2Cited by6 opinions
- Commonwealth Ex Rel. Mattox v. Superintendent of County PrisonSuperior Court of Pennsylvania · 1943
- Commonwealth v. HareSuperior Court of Pennsylvania · 1908
- Commonwealth v. Superintendent of County PrisonSuperior Court of Pennsylvania · 1907
- Walters v. McKinnisDistrict Court, W.D. Pennsylvania · 1915
- Commonwealth v. CliffordSuperior Court of Pennsylvania · 1916
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