Moore v. Moore
Superior Court of Pennsylvania
Appeal, No. 20, March T., 1903, by defendant, from judgment of C. P. Cumberland Co., Sept. T., 1902, No. 172, reversing judgment of justice of the peace in case of William G.. Moore v. W. M. H. Moore. Certiorari to judgment of justice of the peace.
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Appeal, No. 20, March T., 1903, by defendant, from judgment of C. P. Cumberland Co., Sept. T., 1902, No. 172, reversing judgment of justice of the peace in case of William G.. Moore v. W. M. H. Moore. Certiorari to judgment of justice of the peace. The abstract of the record was as follows : July 1, 1902, petition of W. H. M. Moore presented to W. G. Hughes, Esq., setting forth that he was the purchaser of a certain tract of land at sheriff’s sale, then in the possession of William Moore, who came into possession thereof under John T. Moore, the defendant in the execution under which the land…
1Opinion of the Court
Opinion by
Smith, J.,
Though, in some of its aspects, the Act of May 24, 1878, P. L. 134, has been considered by this court (Wilson v. Downing, 4 Pa. Superior Ct. 487) and by the Supreme Court (Merritt v. Whitlock, 200 Pa. 50), the question of its constitutionality, on all points, was not necessarily involved in the decision of 'either case. As an authority, the value of any case is to be determined by the questions considered and decided by it, rather than by what is said in the course of discussion in the opinion. The point decided controls, not its discussion. In Wilson v. Downing, the…
2Cases cited3 opinions
- Merritt v. WhitlockSupreme Court of Pennsylvania · 1901
- Wilson v. DowningSuperior Court of Pennsylvania · 1897
- Walbridge's AppealSupreme Court of Pennsylvania · 1880
3Cited by3 opinions
- State v. EmersonSuperior Court of Delaware · 1939
- Luzerne County Liquor LicensesLuzerne County Court of Quarter Sessions · 1922
- Reams v. YeagerSuperior Court of Pennsylvania · 1905