Legal Opinion

New Castle v. Genkinger

Superior Court of Pennsylvania

Decided July 15, 1908No. Appeal, No. 172PublishedCited by 4 opinions

Appeal, No. 172, April T., 1908, by defendant, from judgment of C. P. Lawrence Co., June T., 1907, No. 73, affirming judgment of justice of the peace, in case of City of New Castle v. Genkinger. Appeal from judgment of justice of the peace. The facts are stated in the opinion of the Superior Court. Error assigned was in dismissing certiorari.

1Opinion of the Court

Opinion by

Morrison, J.,

This is an appeal and certiorari from the judgment of the common pleas dismissing a certiorari to a justice of the peace in the following form: “Now January 13, 1908, the certiorari is dismissed by the court. ” The judgment of the justice of the peace was in a summary proceeding for the collection of a penalty prescribed in an ordinance of the city of New Castle, approved March 22, 1904. While the paper-books print the case as “City of New Castle v. Jacob F. Genkinger,” the record of the justice sent to the court of common pleas, in obedience to the certiorari, entitles…

2Cases cited10 opinions

  1. Commonwealth v. BordenSupreme Court of Pennsylvania · 1869
  2. Commonwealth v. GelbertSupreme Court of Pennsylvania · 1895
  3. Commonwealth v. NesbitSupreme Court of Pennsylvania · 1859
  4. Commonwealth ex rel. Johnson v. BettsSupreme Court of Pennsylvania · 1875
  5. Commonwealth ex rel. Allegheny County v. DavisonSuperior Court of Pennsylvania · 1899

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3Cited by4 opinions

  1. Commonwealth ex rel. Taylor v. ClintonSuperior Court of Pennsylvania · 1909
  2. City of Bethlehem v. Durning, Pennsylvania Court of Common Pleas, Northampton County1921
  3. Commonwealth v. Banovich, Pennsylvania Court of Common Pleas, Somerset County1971
  4. Commonwealth v. Sutton, Pennsylvania Court of Common Pleas, Lancaster County1941

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