Legal Opinion

Commonwealth v. McCann

Supreme Court of Pennsylvania

Decided February 24, 1896No. Appeal, No. 94PublishedCited by 26 opinions

Appeal, No. 94, Oct. T., 1895, by defendants, from order of O. P. No. 1, Allegheny Co., Dec. T., 1894, No. 911, striking off appeal. Rule to strike off appeal from justice of the peace.

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Appeal, No. 94, Oct. T., 1895, by defendants, from order of O. P. No. 1, Allegheny Co., Dec. T., 1894, No. 911, striking off appeal. Rule to strike off appeal from justice of the peace. From the record it appeared that on September 17, 1894, the defendants, Frank McCann and Owen McCann,were summoned to appear before Alexander McClintock, justice of the peace of the borough of Ben Avon, Allegheny county, Pennsylvania, on October 25, 1894, to answer in an action of assumpsit wherein the commonwealth of Pennsylvania, for use of Allegheny county and Eastburn Reeder, dairy and food commissioner…

1Opinion of the Court

Opinion by

Mr. Justice Williams,

This was an action brought before a justice of the peace under the act of May 21, 1885, to recover a penalty for the unlawful .sale of oleomargarine. It was so proceeded in that judgment was regularly rendered against the defendent for the statutory penalty of $100. He then appealed to the court of common pleas of Allegheny county, and filed a transcript of the proceedings had before the justice in the office of the prothonotary of that court. The appeal so taken and filed was subsequently •struck off for the reason that it had not been allowed, for cause shown,…

2Cases cited1 opinion

  1. McGuire v. Borough of ShenandoahSupreme Court of Pennsylvania · 1885

3Cited by26 opinions

  1. Smith CaseSupreme Court of Pennsylvania · 1955
  2. Weber v. LynchSupreme Court of Pennsylvania · 1977
  3. Booz v. ReedSupreme Court of Pennsylvania · 1960
  4. Dickerson v. HudsonSuperior Court of Pennsylvania · 1973
  5. Commonwealth Ex Rel. Marsh v. LindseySuperior Court of Pennsylvania · 1938

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