Commonwealth ex rel. Henderson v. O'Donnell
Superior Court of Pennsylvania
Appeal No. 36, Oct. T. 1898. Rule to show cause why the appeals taken by The Masonic Home of Pennsylvania to the Superior Court from the order of C.P. No. 2, Phila. Co., March T., 1896, No. 1003, refusing to open judgment and from decree of said court awarding a peremptory mandamus, should not operate as a supersedeas. Certified to the Supreme Court.
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Appeal No. 36, Oct. T. 1898. Rule to show cause why the appeals taken by The Masonic Home of Pennsylvania to the Superior Court from the order of C.P. No. 2, Phila. Co., March T., 1896, No. 1003, refusing to open judgment and from decree of said court awarding a peremptory mandamus, should not operate as a supersedeas. Certified to the Supreme Court. It appears from the record that a suggestion for a quo warranto was filed in the court below and is a part of the record in a mandamus suit. The suggestion set forth that the Relator, William H. Henderson, had been duly elected and constituted as…
1Opinion of the Court
Per Curiam,
The appeal from the original judgment in the quo warranto proceedings is now pending in the Supreme Court, and it is very clear that the court having jurisdiction to review those proceedings has jurisdiction to review the supplemental proceedings from which appeals have been taken to this court. The appeals do not involve the possession or ownership of real or personal property or any right, the value of which can be measured in money. So far as the questions of appellate jurisdiction are concerned, they are governed by the same principle as the case of Rosenberry v. Rosenberry,…
2Cases cited1 opinion
- Rosenberry v. RosenberrySupreme Court of Pennsylvania · 1897
3Cited by5 opinions
- Walker's AppealSupreme Court of Pennsylvania · 1928
- Caruso v. GalloSuperior Court of Pennsylvania · 1916
- Neubert v. Armstrong Water Co.Superior Court of Pennsylvania · 1904
- Brower v. KantnerSuperior Court of Pennsylvania · 1898
- Nixon's EstateSuperior Court of Pennsylvania · 1911