M'Veytown v. Union Township
Supreme Court of Pennsylvania
CERTIORARI to the Quarter Sessions of Mifflin county. This was an appeal from the order of two justices removing a pauper from the Borough of M’Veytown to the Township of Union. After the cause was argued upon its merits in the court below, the appellee moved to quash the order of removal on the ground that William J. M’Coy, one of the justices who made the order of removal, was a resident of the borough of M’Veytown.
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CERTIORARI to the Quarter Sessions of Mifflin county. This was an appeal from the order of two justices removing a pauper from the Borough of M’Veytown to the Township of Union. After the cause was argued upon its merits in the court below, the appellee moved to quash the order of removal on the ground that William J. M’Coy, one of the justices who made the order of removal, was a resident of the borough of M’Veytown. This was opposed on the ground that the Act of 20th March 1810, sect. 4, cured all defects in matters of form or substance in the proceedings of the justices. Wilson…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
Justices of the peace are incompetent, on the ground of interest, to grant an order for the removal of a pauper from his own township to another. Overseers of Washington v. Overseers of Beaver, (3 Watts & Serg. 548). This decision was made on the Act of 1836, in accordance with a similar decision, 1 Yeates 251; 2 Dall. 213, on a similar statute. It is, however, said that the 4th section of the Act of 1810, which provides “ that upon an appeal from two justices, no deficiency of form or substance in the record or proceedings returned, nor any…
2Cases cited3 opinions
- Shoemaker v. KeelySupreme Court of the United States · 1793
- Overseers of Washington v. Overseers of BeaverSupreme Court of Pennsylvania · 1842
- Morton v. PlowmanSupreme Court of Pennsylvania · 1793