Miller v. Miller
Supreme Court of Pennsylvania
in ERROR- THIS was a writ of error to the Common Pleas of Northumberland county, to bring up the record and proceed- ' ings in a libel for a divorce a mensa et thoro; and a motion was notv,made to quash the writ, upon the ground that the act of 2d-dj&ri/1804, which gave jurisdiction to the Common Pleas in cases of divorce, authorized an appeal from their final sentence, but not a writ of error; and the proceeding in these cases, not being according to the course of the…
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in ERROR- THIS was a writ of error to the Common Pleas of Northumberland county, to bring up the record and proceed- ' ings in a libel for a divorce a mensa et thoro; and a motion was notv,made to quash the writ, upon the ground that the act of 2d-dj&ri/1804, which gave jurisdiction to the Common Pleas in cases of divorce, authorized an appeal from their final sentence, but not a writ of error; and the proceeding in these cases, not being according to the course of the common law, a writ of error could not be adopted, unless expressly sanctioned by statute. The proceedings in cases of…
1Opinion of the Court
Til gum an C. J.
delivered the court’s opinion.
This is a cause in which the court of Common Pleas of Northumberland county made a decree of divorce from bed and board, and alimony, in favour of the defendant in error. A motion has been made to quash the writ of error, because i't is a case in which it is supposed that an appeal lies, but not a writ of error. Causes of divorce and alimony are, in general, not cognisable in common law courts, jurisdiction was first given to the Supreme Court by the act of 19thSeptemberi78S, 2. St. Laws 384. Afterwards the same jurisdiction was extended to the…
2Cited by9 opinions
- Commonwealth v. BeaumontSupreme Court of Pennsylvania · 1834
- Kendricks. v. DallumTennessee Supreme Court · 1812
- Sawyer's Lessee v. Shannon and BolingU.S. Circuit Court for the District of Tennessee · 1809
- Philips v. ErwinU.S. Circuit Court for the District of North Carolina · 1807
- The Ship Portland v. LewisSupreme Court of Pennsylvania · 1816
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