Legal Opinion

Adams v. Berge

Superior Court of Pennsylvania

Decided March 12, 1906No. Appeal, No. 10PublishedCited by 5 opinions

Appeal, No. 10, Jan. T., 1906, by defendant, from order of O. P. Wyoming Co., Oct. T., 1904, No. 1, quashing writ of certiorari in case of Laura Adams v. W. H. Berge. Certiorari to a justice of the peace. The opinion of the Superior Court states the case. JSrror assigned was the order of the court.

1Opinion of the Court

Per Curiam,

That there were irregularities in the proceedings of the justice of the peace as shown by his transcript which would have warranted a reversal of the judgment, if the certiorari sued out by the defendant in the action, the appellant here, had been duly prosecuted, may be conceded. But the defendant did not file.exceptions to the record after it was returned, and in accordance with the rules of the common pleas the writ was quashed and judgment affirmed. More than two months after-wards he petitioned the court to reinstate the writ and permit him to file exceptions nunc pro tunc. A…

2Cases cited1 opinion

  1. Phœnix Iron Works Co. v. MullenSuperior Court of Pennsylvania · 1904

3Cited by5 opinions

  1. Huntington & Broad Top Mountain Railroad v. FlukeSuperior Court of Pennsylvania · 1906
  2. Sweitzer v. EmertSuperior Court of Pennsylvania · 1913
  3. Home Protective Ass'n v. ReeseSuperior Court of Pennsylvania · 1911
  4. Bell AppealSupreme Court of Pennsylvania · 1959
  5. Bell AppealSupreme Court of Pennsylvania · 1959

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