Legal Opinion

Township of Haverford v. Armstrong

Superior Court of Pennsylvania

Decided March 5, 1921No. Appeal, No. 214PublishedCited by 11 opinions

Appeal, No. 214, Oct. T., 1920, by defendant, from order of C. P. Delaware County, June T., 1919, No. 366, on certiorari to judgment of a justice of the peace in the case of Township of Haver-ford v. William Armstrong, Ethel Atkinson and jane Rosser. Certiorari from judgment of justice of tbe peace.

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Appeal, No. 214, Oct. T., 1920, by defendant, from order of C. P. Delaware County, June T., 1919, No. 366, on certiorari to judgment of a justice of the peace in the case of Township of Haver-ford v. William Armstrong, Ethel Atkinson and jane Rosser. Certiorari from judgment of justice of tbe peace. Before Broomall, J. Tbe court below filed tbe following opinion: Viewing tbe above proceeding strictly there is no return of tbe magistrate in tbe above case, and strictly speaking there is nothing before us, and tbe certiorari would have to be quashed. But one of tbe exceptions filed is to tbe…

1Opinion of the Court

Opinion by

Trexler, J.,

The defendants were convicted of disorderly conduct in a summary proceeding before a justice of the peace, on June 21,1919. There was a fine imposed which was paid. No commitment was issued. On July 7th, a cer-tiorari was issued and the proceedings removed to the Court of Common Pleas of Delaware County. The judge who heard the case concluded that the conviction should be sustained but that the fine was unreasonable, and reduced it to ten dollars.

We think the certiorari should have been quashed. The payment of the fine and costs was voluntary, and that ended the matter.…

2Cases cited3 opinions

  1. Commonwealth v. GipnerSupreme Court of Pennsylvania · 1888
  2. Commonwealth v. YocumSuperior Court of Pennsylvania · 1908
  3. Commonwealth ex rel. v. KonasSuperior Court of Pennsylvania · 1914

3Cited by11 opinions

  1. Commonwealth v. KramerSuperior Court of Pennsylvania · 1948
  2. Commonwealth v. QuinnSuperior Court of Pennsylvania · 1969
  3. City of McKeesport v. DunnSuperior Court of Pennsylvania · 1924
  4. Pueblo v. RuizSupreme Court of Puerto Rico · 1931
  5. Campbell v. Commonwealth, Pennsylvania Court of Common Pleas, Beaver County1941

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