Koons v. Headley
Supreme Court of Pennsylvania
Error to the Common Pleas of Luzerne county. This was a scire facias, brought before B. Evans, a justice of the peace of Luzerne county, by S. F. Headley against John Koons, and which came into the Common Pleas on an appeal by the defendant. John Kisner was an acting justice of the peace, elected under the Act of 1839, and continued to hold office in the township of Salem up to the year 1850, when his official term expired.
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Error to the Common Pleas of Luzerne county. This was a scire facias, brought before B. Evans, a justice of the peace of Luzerne county, by S. F. Headley against John Koons, and which came into the Common Pleas on an appeal by the defendant. John Kisner was an acting justice of the peace, elected under the Act of 1839, and continued to hold office in the township of Salem up to the year 1850, when his official term expired. At the election of that year another justice was elected and commissioned in his stead, and from that time there were the full number of justices in that township. Mr.…
1Opinion of the Court
The opinion of the court wras delivered, by
Agnew, J.
There is a little confusion in this case, owing to the manner in which it was tried by the counsel below. It was an appeal from a justice of the peace, who had proceeded by scire facias upon a transcript from the docket of another justice whose terra of office expired in 1850, but who retained his docket and gave this transcript after he had gone out of office. After the appeal to the Common Pleas, the defendant pleaded nul tiel record, non assumpsit, payment, and set-off. The case seems to have gone to trial upon all the pleas at the same…
2Cases cited2 opinions
- Ellsworth v. BarstowSupreme Court of Pennsylvania · 1838
- Keeler v. NealSupreme Court of Pennsylvania · 1834
3Cited by4 opinions
- Taylor v. Tudor & FreeSuperior Court of Pennsylvania · 1923
- Katch v. Benton Coal Co.Superior Court of Pennsylvania · 1902
- Commonwealth v. Wenz, Pennsylvania Court of Common Pleas, Lehigh County1953
- Katch v. Benton Coal Co., Pennsylvania Court of Common Pleas, Centre County1902