Wike v. Lightner
Supreme Court of Pennsylvania
. The plaintiff in error was defendant below, in an action of ejecG snent. A verdict having passed against him in the Circuit Court of Lancaster county, held by Huston, J., he sued out a writ of error, which Buchanan now moved to'quash. In support of the motion, Rogers and Buchanan contended, that a writ of error does not lie to the circuit court where the party has a remedy by appeal, which he had in the present instance.
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. The plaintiff in error was defendant below, in an action of ejecG snent. A verdict having passed against him in the Circuit Court of Lancaster county, held by Huston, J., he sued out a writ of error, which Buchanan now moved to'quash. In support of the motion, Rogers and Buchanan contended, that a writ of error does not lie to the circuit court where the party has a remedy by appeal, which he had in the present instance. Act of' the 20th,of March, 1799, sect. 4. By the act of the 8th of April, 182C, sect. 1, circuit courts are revived, and the whole system called again into action precisely…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
In substituting circuit courts for courts of Nisi Prius, to which a writ of error did not lie,, no alterations were intended but such as should be necessary to accomplish two things— .to enable the judge who tried the issue, to render judgment, and to restrict the lien of it to the county in which the record should be. Hence, an appeal- was particularly provided, and doubtless to preserve to the court in bank; the immeasurable advantages which, as a means of correction, the motion for a new trial affords in comparison with the writ of…
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- Lewisburg Bridge Co. v. County of UnionSupreme Court of Pennsylvania · 1911
- Borough of Beltzhoover v. GollingsSupreme Court of Pennsylvania · 1882
- Hare v. CommonwealthSupreme Court of Pennsylvania · 1879
- Dailey v. ChappellOhio Circuit Courts · 1909
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