President of Schuylkill Navigation Co. v. Thoburn
Supreme Court of Pennsylvania
In Error. ERROR to the Court of Common Pleas of Montgo- . mery county. . . . ,, ,■ 1 , , This was originally a proceeding under the 10th and 11th sections of the .Act of 8th March, 181-5, entitled an Act to authorise the Governor to incorporate a company to make a , . , . rr 7 .7 • 77 • • 1 1 -V I lock navigation on the river Schuylkill, instituted by John Thohurn, the plaintiff below, against the President, Managers -and Company of the Schuylkill Navigation Company.
Read the full summary
In Error. ERROR to the Court of Common Pleas of Montgo- . mery county. . . . ,, ,■ 1 , , This was originally a proceeding under the 10th and 11th sections of the .Act of 8th March, 181-5, entitled an Act to authorise the Governor to incorporate a company to make a , . , . rr 7 .7 • 77 • • 1 1 -V I lock navigation on the river Schuylkill, instituted by John Thohurn, the plaintiff below, against the President, Managers -and Company of the Schuylkill Navigation Company. It commenced by the petition of the plaintiff to the Court Below stating, that the petitioner was the owner of a certain tract…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson J.
The motion-to quash the writ of error must be refused. The Act authorised an appeal to a common law jurisdiction; and where that is the case, if there be no particular mode of proceeding pointed out, the proceedings are understood to be according to the course of the common law. Here they are actually so. An issue of fact was formed, and submitted to a jury, who gave a verdict, on which judgment was rendered, and.it is therefore impossible to say the proceedings are not the subject of a writ of error. The judgment of a Court of Common Pleas,…
2Cases cited4 opinions
- Hitchcock v. HarringtonNew York Supreme Court · 1810
- Lessee of Simpson v. AmmonsSupreme Court of Pennsylvania · 1806
- Stanard v. EldridgeNew York Supreme Court · 1819
- Wentz v. DehavenSupreme Court of Pennsylvania · 1815
3Cited by14 opinions
- Corporation for the Relief of Poor Distressed Presbyterian v. WallaceSupreme Court of Pennsylvania · 1831
- Ex parte JenningsNew York Supreme Court · 1826
- Craft ex rel. Powell v. WebsterSupreme Court of Pennsylvania · 1833
- Philadelphia Ball Club, Ltd. v. City of PhiladelphiaSupreme Court of Pennsylvania · 1899
- Fairman v. FluckSupreme Court of Pennsylvania · 1836
9 more not listed; retrieve them via the Exa API.