Buckmyer v. Dubs
Supreme Court of Pennsylvania
IN ERROR. 'HIS was a writ of error to the Common Pleas of Dauphin county. In that court it was a proceeding by certiorari to a justice of the peace/to remove the record in ease in which Dubs was plaintiff and Buckmyer .defendant, ' ' By the record it appeared that a summons was issued by the magistrate on the 4th of September 1804, returnable the 11th, to answer Dubs of a plea of demand for service rendered to Buckmyer by the plaintiffs son, under 100 dollars.
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IN ERROR. 'HIS was a writ of error to the Common Pleas of Dauphin county. In that court it was a proceeding by certiorari to a justice of the peace/to remove the record in ease in which Dubs was plaintiff and Buckmyer .defendant, ' ' By the record it appeared that a summons was issued by the magistrate on the 4th of September 1804, returnable the 11th, to answer Dubs of a plea of demand for service rendered to Buckmyer by the plaintiffs son, under 100 dollars. The entry of the subsequent proceedings was thus — “ 5th “ September, summons returned. Parties appear. Defendant “ refuses to leave…
1Opinion of the Court
Tilghman C. J.
The plaintiff in.error has taken four exceptions to the judgment of a justice of the peace, which tras affirmed by the Court of Common Pleas of Dauphm county, having been removed to that court by certiorari. 1. That the judgment was given without any legal evidence to support it. 2. That it has no date. 3. That if it has a date, it was of a day when the justice had no authority to give judgment. 4. That no cause of action appears in the proceedings returned by the justice to the Court of Common Pleas.
1. It is not necessary that a justice of the peace should enter on his docket…
2Cited by5 opinions
- Cooke v. ReinhartSupreme Court of Pennsylvania · 1829
- Barber v. ChandlerSupreme Court of Pennsylvania · 1851
- Fisher v. NyceSupreme Court of Pennsylvania · 1869
- State v. B'd of Aldermen of NewportSupreme Court of Rhode Island · 1893
- Carey v. Branch No. 2, District No. 7, W. B. A., Pennsylvania Court of Common Pleas, Schuylkill County1873