Legal Opinion

Commonwealth v. Judges of Common Pleas

Supreme Court of Pennsylvania

Decided December 23, 1810PublishedCited by 9 opinions

IN this case T. Ross moved for a rule upon the judges of the Common Pleas of Philadelphia county, to shew cause, why a mandamus should not issue, commanding them to mit an appeal from the judgment of an alderman, in the case of Lee v. Ridgway.

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IN this case T. Ross moved for a rule upon the judges of the Common Pleas of Philadelphia county, to shew cause, why a mandamus should not issue, commanding them to mit an appeal from the judgment of an alderman, in the case of Lee v. Ridgway. The facts upon which the motion was founded were these, On the 22d Lulu 1809, Lee obtained a judgment by default • r,-r r Nii, .c , , ci against Ridgway tor 68 dollars, belore an alderman or the A mandamus tlie judg-e^of Common state^n appeal. which they have dismissed; befimpkce tfieir °.,’de.t'of dismjs. sion is an award ;n the nature of ajudgmentupon…

1Opinion of the Court

Til ohm an C. J.

This is a motion for a rule on the judges of the court of Common Pleas to shew cause why a mandamus should not issue, commanding them to admit an appeal in the case of Lee v. Ridgway.

An appeal was entered in the court of Common Pleas from the judgment of an alderman of the city of Philadelphia, under the act of 28th March 1804, 6 St. Laws 383., sect. 4, commonly called the one hundred dollar act. The court of Common Pleas, conceiving that the appeal was not entered according to law, ordered it to be struck off.

There are many difficulties in the way of this motion. Without…

2Cases cited1 opinion

  1. United States v. LawrenceSupreme Court of the United States · 1795

3Cited by9 opinions

  1. People ex rel. Doughty v. Judges of Dutchess C. P.New York Supreme Court · 1839
  2. Detroit Tug & Wrecking Co. v. GartnerMichigan Supreme Court · 1889
  3. Douglass v. Commonwealth ex rel. SeniorSupreme Court of Pennsylvania · 1885
  4. Ex parte GarlandSupreme Court of Alabama · 1868
  5. People ex rel. Brower & Delaney v. Judge of Wayne Co. CourtMichigan Supreme Court · 1850

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