Alberty v. Dawson

1 Binn. 105, 1804 Pa. LEXIS 42

Opinion

Shippen C. J.

A limited authority, such as. is given to justices of the peace, must be strictly pursued. They cannot interfere officially in a civil controversy without pursuing the steps pointed out by the act.

Smith J.

It has always been held that if the proceeding was neither by summons nor capias, it ivas irregular.

Per Curiam. Judgment reversed.