Legal Opinion

Knight v. Wiltberger

Supreme Court of Pennsylvania

Decided December 15, 1804PublishedCited by 1 opinion

Certiorari to Samuel Garrigues, esq., one of the justices of the peace of Philadelphia county. The return stated it to be an amicable action, entered in the justice’s docket, and referred by consent.

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Certiorari to Samuel Garrigues, esq., one of the justices of the peace of Philadelphia county. The return stated it to be an amicable action, entered in the justice’s docket, and referred by consent. On the 20th December 1803, the referees reported, that the plaintiff should receive from the defendant, one third part of all the monies paid for wharf-age of all vessels, except river craft, coming to the front of either of their wharves, to heave down, or otherwise ; judgment inde. excepted to the record, that the suit had not been brought by due process, for any debt or demand, and that…

1Opinion of the Court

Sed per Cur.

What right had a justice of the peace to entertain a jurisdiction over an abstract question ? No law gave it to him, nor could it be delegated to him by consent. The judgment also was radically bad, and must he reversed.

2Cited by1 opinion

  1. Wright v. GuySupreme Court of Pennsylvania · 1823

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