Swain v. Brady
Superior Court of Pennsylvania
Appeal, No. 45, Jan. T., 1902, by plaintiff, from order of C. P. Bradford Co., Dec. T., 1899, No. 17 3J, dismissing appeal from justice of the peace in case of Joseph Swain. Appeal from justice of the peace. Before Fanning, J. •. From the record it appeared that plaintiff recovered a judgment-against the defendant for $87.40 before E. A. Thompson, a justice of the peace. It appeared that the justice was elected and resided in Towanda township.
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Appeal, No. 45, Jan. T., 1902, by plaintiff, from order of C. P. Bradford Co., Dec. T., 1899, No. 17 3J, dismissing appeal from justice of the peace in case of Joseph Swain. Appeal from justice of the peace. Before Fanning, J. •. From the record it appeared that plaintiff recovered a judgment-against the defendant for $87.40 before E. A. Thompson, a justice of the peace. It appeared that the justice was elected and resided in Towanda township. The summons was issued in the township, but the trial was had in the borough of Towanda where the justice had his law office. The defendant…
1Opinion of the Court
Opinion by
Beaver, J.,
The right of appeal from the judgment of a justice of the peace is statutory. The mode of appeal, the time of its entry and what is to be tried therein are set forth specifically in section 4 of the Act of March 20, 1810, 5 Sin. L. 161, which provides : “ That upon any such appeal from the decision, determination or order of two justices of the peace to the court of common pleas or court of quarter sessions in any county, the cause shall be decided in such court on its facts and merits only and no deficiency of form or substance in the record or proceedings returned nor…
2Cases cited5 opinions
- Deihm v. SnellSupreme Court of Pennsylvania · 1888
- Township of Moreland v. GordnerSupreme Court of Pennsylvania · 1885
- Gingrich v. SheafferSuperior Court of Pennsylvania · 1901
- Comfort v. LelandSupreme Court of Pennsylvania · 1838
- Gue v. Kline & ReifsnyderSupreme Court of Pennsylvania · 1850
3Cited by17 opinions
- Commonwealth v. BurallSuperior Court of Pennsylvania · 1941
- Commonwealth of Pa. v. HunterSuperior Court of Pennsylvania · 1932
- Commonwealth v. WadzinskiSupreme Court of Pennsylvania · 1978
- Gibson v. HaworthSuperior Court of Pennsylvania · 1911
- Commonwealth v. Patterson, Pennsylvania Court of Common Pleas, Franklin County1983
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