Legal Opinion

Durbin v. Commonwealth

Superior Court of Pennsylvania

Decided March 3, 1911No. Appeal, No. 185PublishedCited by 1 opinion

Appeal, No. 185, April T., 1910, by plaintiffs, from order of C. P. Beaver Co., Dec. T., 1909, No. 96, affirming judgment of justice of the peace in case of E. A. Durbin, Isaac Watson, Robert Cairnes, Lawrence Strohm, John Carven and Louie Finley v. Commonwealth ex rel. Frank Mason. Certiorari to judgment of justice of the peace. Before Holt, P. J. The opinion of the Superior Court states the case. Error assigned was in sustaining the judgment of the justice of the peace.

1Opinion of the Court

Opinion by

Beaver, J.,

This is a joint appeal by six persons who were summarily convicted by a justice of the peace in separate actions for “engaging in worldly employment on the Lord’s Day, commonly called Sunday.”

A joint certiorari on the part of thirteen defendants who had been severally convicted in separate actions by the justice of the peace was sued out. A consolidated return, embracing the record in each individual case, was sent up to the common pleas, and upon consideration the court made the following order, based upon an exhaustive discussion of the questions raised by the record…

2Cases cited3 opinions

  1. Commonwealth v. SchollenbergerSuperior Court of Pennsylvania · 1901
  2. Samson's EstateSuperior Court of Pennsylvania · 1903
  3. May's EstateSuperior Court of Pennsylvania · 1902

3Cited by1 opinion

  1. Ferree v. DouglasSuperior Court of Pennsylvania · 1941

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