Commonwealth v. Nathans
Supreme Court of Pennsylvania
March 27. The guardians of the. poor having instituted proceedings to compel the defendant to maintain his wife and children, and an 'answer having been filed denying the alleged marriage, a writ of certiorari issued from this court, to remove the proceedings from the Quarter Sessions of Philadelphia. The writ had been allowed by the late Mr. Justice Kennedy. On a motion to quash, it was argued by J. Murray Rush, for the motion, and
1Opinion of the CourtGibson, C. J.
A certiorari is a writ doubtless of very extensive application, and this court has all the revisory powers of the King’s Bench over inferior jurisdictions; but it has not been shown, nor can it be, that when a special jurisdiction has been created by statute, that court can snatch it from the hands of the magistrates to whom it has been given, and exercise it in their place. That would be an act of usurpation. Its power in such a case is purely correctional; and so is the power of this court. Where indeed a superior court has concurrent jurisdiction, it may issue its certiorari to remove an…
2Cited by8 opinions
- Municial Publications, Inc. v. Court of Common PleasSupreme Court of Pennsylvania · 1985
- Rimer's Contested Election. Geary's App'l.Supreme Court of Pennsylvania · 1934
- Wallace v. JamesonSupreme Court of Pennsylvania · 1897
- Commonwealth v. Burns, Pennsylvania Court of Common Pleas, Beaver County1969
- Commonwealth v. Day, Pennsylvania Court of Common Pleas, Washington County1923
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