Frick v. Patton
Supreme Court of Pennsylvania
Robert Patton had instituted proceedings before William Nesbit, Esq., a justice of the peace of Northumberland county, .under the act of assembly of the 13th of dtpril, 1807, to recover damages for an injury asserted to have been done to his premises by stray cattle. The proceedings before the justice were conceived by the defendant, Henry Frick, to be erroneous, and he took out a Certiorari, to remove them to this court.
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Robert Patton had instituted proceedings before William Nesbit, Esq., a justice of the peace of Northumberland county, .under the act of assembly of the 13th of dtpril, 1807, to recover damages for an injury asserted to have been done to his premises by stray cattle. The proceedings before the justice were conceived by the defendant, Henry Frick, to be erroneous, and he took out a Certiorari, to remove them to this court. Marr, on behalf of the defendant below, now moved to quash the writ, on the ground, that this court had no jurisdiction, and referred to the twenty-fourth section of the act…
1Per curiam
The prohibitory section of the act of assembly of 3 810, is as general as words can make it. “ No writ of Certiorari *21issued 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.” What is the nature of the proceeding in the case of strays? It is a species of attachment to compel the owner to appear and make satisfaction for trespass committed by his cattle; and, after appearance had, if satisfaction be not tendered and accepted, the proceeding assumes the ordinary form of an action inter partes,…
2Cases cited2 opinions
- M'Call v. LenoxSupreme Court of Pennsylvania · 1823
- Commonwealth ex rel. Wilson v. Fourteen HogsSupreme Court of Pennsylvania · 1823
3Cited by9 opinions
- United States v. FordCourt of Appeals for the Tenth Circuit · 2010
- Commonwealth ex rel. Johnson v. BettsSupreme Court of Pennsylvania · 1875
- Wright v. StateCourt of Criminal Appeals of Alabama · 1993
- G.J. ex rel. E.J. v. Muscogee County School DistrictDistrict Court, M.D. Georgia · 2010
- Bachman v. Messina, Pennsylvania Court of Common Pleas, Mercer County1942
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