Philadelphia & Reading Railway Co. v. Walton
Supreme Court of Pennsylvania
Appeal, No. 191, Jan. T., 1914, by plaintiff, from judgment of C. P. No. 5, Philadelphia Co., Dec. T., 1913, No. 4654, refusing mandamus, in case of Philadelphia & Reading Railway Company v. Henry F. Walton, Prothonotary of the Courts of Common Pleas of Philadelphia County and Clerk of the Municipal Court of Philadelphia. Petition for mandamus.
Read the full summary
Appeal, No. 191, Jan. T., 1914, by plaintiff, from judgment of C. P. No. 5, Philadelphia Co., Dec. T., 1913, No. 4654, refusing mandamus, in case of Philadelphia & Reading Railway Company v. Henry F. Walton, Prothonotary of the Courts of Common Pleas of Philadelphia County and Clerk of the Municipal Court of Philadelphia. Petition for mandamus. Before Staake, J. From the record it appeared that an action of trespass had been brought against plaintiff in the Municipal Court of Philadelphia County; that plaintiff thereupon tendered a plea of “not guilty” to the prothonotary of the Courts of…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The main contention of appellant is that the provision of the Act of July 12, 1913, P. L. 711, known as the Municipal Court Act, requiring an answer to be filed by defendant within ten days after service of the statement of claim upon him, is in conflict with that section of the Constitution which provides that no local or special law shall be passed regulating the practice or jurisdiction in any judicial proceeding or inquiry before the courts. The fundamental weakness of this position is that the act in question is neither local nor special legislation within the…
2Cases cited2 opinions
- Gottschall v. CampbellSupreme Court of Pennsylvania · 1912
- Gerlach v. MooreSupreme Court of Pennsylvania · 1914
3Cited by10 opinions
- Ladner v. Forman and FriessSuperior Court of Pennsylvania · 1932
- Commonwealth v. WeinerSuperior Court of Pennsylvania · 1917
- Commonwealth v. PerschSuperior Court of Pennsylvania · 1919
- Commonwealth v. SalotSuperior Court of Pennsylvania · 1920
- Torak v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1915
5 more not listed; retrieve them via the Exa API.