Carroll v. Barnes & Erb Co.
Superior Court of Pennsylvania
Appeal, No. 26, Oct. T., 1899, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1898, No. 119, dismissing exceptions to judgment of a magistrate. Opinion by Rice, P. J. Certiorari to the judgment of a magistrate. Before the court in banc. It appears from the record that suit was brought before a magistrate for $4.40 for balance of wages.
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Appeal, No. 26, Oct. T., 1899, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1898, No. 119, dismissing exceptions to judgment of a magistrate. Opinion by Rice, P. J. Certiorari to the judgment of a magistrate. Before the court in banc. It appears from the record that suit was brought before a magistrate for $4.40 for balance of wages. Defendant offered in evidence the contract between defendant company and plaintiff and offered evidence tending to show a set-off. The magistrate entered judgment for the plaintiff for the amount of the claim $4.40. Defendant filed exceptions'…
1Opinion of the Court
Opinion by
Rice, P. J.,
By the 22d section of the Act of March 20, 1810, 5 Sm. L. 161, the judgment of the common pleas upon certiorari to the judgment of a justice of the peace in actions brought under that act was final, “ and,” to quote the language of the act, “ no writ of error shall issue thereon.” " This was not changed by the Act of May 9, 1889, P. L. 158, nor by the Act of June 24, 1895, P. L. 212, establishing this court and defining its jurisdiction: Colwyn v. Tarbotton, 1 Pa. Superior Ct. 179. The question was fully considered in that case-and we need not go over the ground again.…
2Cases cited2 opinions
- Borough of Colwyn v. TarbottonSuperior Court of Pennsylvania · 1896
- Spicer v. ReesSupreme Court of Pennsylvania · 1835
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- Crumley v. Crescent Coal Co.Superior Court of Pennsylvania · 1900
- Bell AppealSupreme Court of Pennsylvania · 1959
- Bell AppealSupreme Court of Pennsylvania · 1959
- Kizevich v. Tarutis Et Ux.Superior Court of Pennsylvania · 1927