Cooke v. Reinhart
Supreme Court of Pennsylvania
Certiorari to the Court of Common Pleas of Lancaster county. This was a proceeding under the act of 6 th of April, 1802, by David Cooke against George Éeinhart, Henry Cassel and Abraham Cassel, to recover possession of a tract of land, &c. in Donegal township, sold by the sheriff on an execution against Henry Cassel. The purchaser was John Roberts, who by deed, bearing date 25th of August, 1821, conveyed the premises to the complainant.
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Certiorari to the Court of Common Pleas of Lancaster county. This was a proceeding under the act of 6 th of April, 1802, by David Cooke against George Éeinhart, Henry Cassel and Abraham Cassel, to recover possession of a tract of land, &c. in Donegal township, sold by the sheriff on an execution against Henry Cassel. The purchaser was John Roberts, who by deed, bearing date 25th of August, 1821, conveyed the premises to the complainant. The complaint, which was addressed to John Passmore and Samuel Dale, esqrs., aldermen, in and for the city of Lancaster¿ after setting forth the sheriff’s…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
Had the motion to quash been in time, it must have prevailed, for it is certain that a writ of. error is the proper remedy in a case like the present. To quash, however, is not of right but by favour of the court; and a motion to that effect comes with an ill grace after the delay of two terms. Neither can we- say that the record is not removed. The certiorari is a writ of-error in respect of every thing but form; and as the record is actually certified, there is enough of substance in the writ .to enable us to .proceed. We are, therefore,…
2Cases cited1 opinion
- Buckmyer v. DubsSupreme Court of Pennsylvania · 1812
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- Commonwealth v. BeaumontSupreme Court of Pennsylvania · 1834
- Grubbs' AppealsSupreme Court of Pennsylvania · 1876
- Chapman v. LampertCourt of Appeals for the Tenth Circuit · 2014
- Friedland v. Altoona & Logan Valley Electric Ry. Co.Superior Court of Pennsylvania · 1917
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