McGinnis v. Commonwealth ex rel. McGinnis
Supreme Court of Pennsylvania
. Error to the Court of Common Pleas of Allegheny county: No. 9, to October and November Term 1873. This was a proceeding to inquire into the habitual drunkenness-of John McGrinniss, commenced July 30th 1872, upon the petition of Eleanor McGrinniss his wife. An inquest was awarded, which found the respondent an habitual drunkard. The inquisition was returned September 2d 1872, and September 3d the respondent traversed the finding.
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. Error to the Court of Common Pleas of Allegheny county: No. 9, to October and November Term 1873. This was a proceeding to inquire into the habitual drunkenness-of John McGrinniss, commenced July 30th 1872, upon the petition of Eleanor McGrinniss his wife. An inquest was awarded, which found the respondent an habitual drunkard. The inquisition was returned September 2d 1872, and September 3d the respondent traversed the finding. The traverse was tried November 18th 1872, before Stowe, J. The relator, under objection and exception, gave in evidence the record of the inquisition with the…
1Opinion of the Court
The opinion of the court was delivered, January 5th 1874, by
Agnew, J. —
Issues of fact, whether by way of traverse or a feigned issue, when tried before a jury, according to the course of the common law, have always been deemed the subjects of a writ of error. The trial is conducted and bills of exception taken to the evidence or the charge as in other trials before a jury. Hence, when the legislature provided a writ of error in the case of feigned issues from the Orphans’ Court, it declared that the writ should lie in the same manner as in cases where feigned issues are directed by a Court of…
2Cases cited3 opinions
- Hutchinson v. SandtSupreme Court of Pennsylvania · 1833
- Sill v. M'KnightSupreme Court of Pennsylvania · 1844
- In the Matter of Kenton a lunaticSupreme Court of Pennsylvania · 1813
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- Mitchell v. SpauldingSuperior Court of Pennsylvania · 1902
- Commonwealth v. HarroldSupreme Court of Pennsylvania · 1902
- In re Fitzgerald, Pennsylvania Court of Common Pleas, Fayette County1949