Commonwealth ex rel. Johnson v. Betts
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Erie county: Of October and November Term 1874, No. 50. The proceedings in this case W'ere commenced before W. Q. Jackson; Esq., a justice of the peace of the county of Erie, by the Commonwealth of Pennsylvania at the instance of Harris Johnson who sues for himself as well as for Wayne township in the county of Erie, against Gordon Betts.
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Error to the Court of Common Pleas of Erie county: Of October and November Term 1874, No. 50. The proceedings in this case W'ere commenced before W. Q. Jackson; Esq., a justice of the peace of the county of Erie, by the Commonwealth of Pennsylvania at the instance of Harris Johnson who sues for himself as well as for Wayne township in the county of Erie, against Gordon Betts. The record of the justice was as follows :— “ Summons in debt for the recovery of penalty not exceeding $300. March 1st 1873, summons issued to William Kincaid, constable of Wayne township, returnable March 8th 1873. * *…
1Opinion of the CourtChief Justice Agnew
A motion was made to quash this writ of error on the ground that the judgment of the Court of Common Pleas was final under the Act of 20th of March 1810. But that court owes its power to review the proceedings of justices of the peace to a wider and higher source than the Act of 1810. The 8th section of the 5th article of the Constitution of 1790, gave to it the like power possessed by the Supreme Court to issue writs of certiorari to justices of the peace to cause their proceedings to be brought before them, and the like right and justice to be done. The power of the Supreme Court was very…
2Cases cited3 opinions
- Commonwealth v. BeaumontSupreme Court of Pennsylvania · 1834
- Spicer v. ReesSupreme Court of Pennsylvania · 1835
- Frick v. PattonSupreme Court of Pennsylvania · 1829
3Cited by26 opinions
- York v. BaynesSuperior Court of Pennsylvania · 1959
- Strouse v. LawrenceSupreme Court of Pennsylvania · 1894
- Commonwealth ex rel. Allegheny County v. DavisonSuperior Court of Pennsylvania · 1899
- Bor. of Mahanoy City v. Wadlinger, Pennsylvania Court of Common Pleas, Schuylkill County1891
- Borough of Colwyn v. TarbottonSuperior Court of Pennsylvania · 1896
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