Stewart v. Martin
Supreme Court of Pennsylvania
The proceedings in this cause were removed by certiorari, from the county of Luzerne. It appeared by the affidavits of the defendant, and Rosewell Wells his attorney, produced to the court, that the defendant had a material witness, one Mrs. Annis, resident in Newtown in the state of New York, whom, by reason of the shortness of the time from the service of the summons to the day of trial, he could not subpcena, and that he offered to verify this by affidavit to the…
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The proceedings in this cause were removed by certiorari, from the county of Luzerne. It appeared by the affidavits of the defendant, and Rosewell Wells his attorney, produced to the court, that the defendant had a material witness, one Mrs. Annis, resident in Newtown in the state of New York, whom, by reason of the shortness of the time from the service of the summons to the day of trial, he could not subpcena, and that he offered to verify this by affidavit to the justices, to induce them to postpone the trial; but the justices refused his prayer, and went on immediately to trial, and…
1Opinion of the Court
Per Cur.
Justices of the peace in cases of landlord and tenant, have great and extensive powers. The act giving them jurisdiction, evidently intending to give the landlord festinum remedium, we have adopted the rule that a certiorari is no supersedeas, founded on principles of general convenience. But we will always examine such proceedings narrowly, and to effectuate this purpose, we must of necessity call in the aid of affidavits.
I11 the present instance it appears to us, that the justices did not allow a reasonable time to the defendant to procure his testimony from the state of New York,…
2Cited by5 opinions
- Graver v. FehrSupreme Court of Pennsylvania · 1879
- Case v. ShepherdNew York Supreme Court · 1800
- AnonymousSupreme Court of Pennsylvania · 1800
- Koontz v. Baker, Pennsylvania Court of Common Pleas, Adams County1943
- Neyman v. McCracken, Pennsylvania Court of Common Pleas, Mercer County1946