Burginhofen v. Martin
Supreme Court of Pennsylvania
Certiorari to John Huston, esquire, one of the justices of the peace of Philadelphia county. To this, a short return was made. That on the 27th September 1802, a warrant issued for a debt under 40s.
Read the full summary
Certiorari to John Huston, esquire, one of the justices of the peace of Philadelphia county. To this, a short return was made. That on the 27th September 1802, a warrant issued for a debt under 40s. Judgment was given for the plaintiff for il. ns. iojd. debt, and 3s. 6d. costs, and that execution issued on the same day against the defendant. objected, that this was the case of rent, and that the jurisdiction of justices of the peace, in such cases, was at an end, on the 27th September 1802, when the warrant issued. The act of 1 st March 1799, in the 2d section, gave jurisdiction to justices…
1Opinion of the Court
Per cur.
Then the fact must necessarily be ascertained by affidavits, to be laid before us.
Shippen, C. J.
added. It is justly taken for granted by the counsel in this court, that we possess the power of examining the proceedings of justices of the peace, in cases where the demand is under 40s., though the law does not give the party an appeal to the Court of Common Pleas. This point was solemnly determined by Kinzey, Chief Just, .many years ago, on a suit brought by Samuel Hasell, treasurer of the city corporation, on a bye law for measuring grain. The jurisdiction of superior courts, is only…
2Cited by8 opinions
- Chase v. MillerSupreme Court of Pennsylvania · 1862
- Nicoll v. McCaffreySuperior Court of Pennsylvania · 1896
- Supervisors of Crawford County v. Le ClercWisconsin Supreme Court · 1851
- Beaubien v. BrinckerhoffIllinois Supreme Court · 1840
- Kline v. WoodSupreme Court of Pennsylvania · 1823
3 more not listed; retrieve them via the Exa API.