Commonwealth v. M'Ginnis
Supreme Court of Pennsylvania
Several writs of certiorari having been issued, to remove to this court certain criminal causes depending in the Court of Quarter Sessions for the County of Philadelphia, the Mayor’s Court for the City of Philadelphia, and the Recorder’s Court for the Northern Liberties, Mr. 2'odd, the Attorney General, obtained a rule to show cause why the writs should not be quashed: 1st. Because there was no special allocatur. 2d. < On the ground that a certiorari did not lie in such…
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Several writs of certiorari having been issued, to remove to this court certain criminal causes depending in the Court of Quarter Sessions for the County of Philadelphia, the Mayor’s Court for the City of Philadelphia, and the Recorder’s Court for the Northern Liberties, Mr. 2'odd, the Attorney General, obtained a rule to show cause why the writs should not be quashed: 1st. Because there was no special allocatur. 2d. < On the ground that a certiorari did not lie in such cases; the proper remedy being by habeas corpus. Mr. Doran and Mr. Phillips, showed cause. On the first point, they admitted…
1Opinion of the Court
*114The opinion of the Court was delivered by
Sergeant J.
The modes in which repeals of statutes take place are various. Sometimes it is done by an enacting clause, referring to the title or date of the former statute, or to the section or clause which is meant to be abrogated. Sometimes the latter statute supplies a new code, and there is a repealing clause of a qualified description, affecting only so much of former statutes as is thereby altered or supplied, leaving the determination of the-extent of the repeal, to the construction of the courts. This last method has been pursued by the…
2Cases cited1 opinion
- Commonwealth v. ProfitSupreme Court of Pennsylvania · 1812
3Cited by9 opinions
- Chase v. MillerSupreme Court of Pennsylvania · 1862
- Commonwealth v. BalphSupreme Court of Pennsylvania · 1886
- Sayres v. CommonwealthSupreme Court of Pennsylvania · 1879
- Commonwealth v. LongSupreme Court of Pennsylvania · 1923
- Nicoll v. McCaffreySuperior Court of Pennsylvania · 1896
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