Brown v. School Directors

Supreme Court of Pennsylvania

Brown v. School Directors

18 Pa. 78, 1851 Pa. LEXIS 227

DecidedSeptember 29, 1851

StatusPublished

This text of 18 Pa. 78 (Brown v. School Directors) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. School Directors, 18 Pa. 78, 1851 Pa. LEXIS 227 (Pa. 1851).

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Opinion

Per Curiam.

A court of error has nothing to do with affidavits which are no part of the record. As we may not look at them when the Common Pleas has decided on them, we are. bound to presume that the decision is right. By the record in this case it is shown that the parties appeared before the justice, and that the defendant claimed a set-off beyond the limit of the justice’s final jurisdiction. The plaintiff craved an adjournment, and had it; and, at the day of hearing, judgment was given for him. The objection to the appeal in the Common Pleas was, that the set-off was a sham to get round the finality of the justice’s jurisdiction of the plaintiff’s demand; and the court, having heard affidavits it was bound to receive, determined that,the fact was so. Shall we who dare not touch them, say otherwise ? The decision was doubtless right; but right or wrong, we cannot review it.

Judgment affirmed.

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Per Curiam.

A court of error has nothing to do with affidavits which are no part of the record. As we may not look at them when the Common Pleas has decided on them, we are. bound to presume that the decision is right. By the record in this case it is shown that the parties appeared before the justice, and that the defendant claimed a set-off beyond the limit of the justice’s final jurisdiction. The plaintiff craved an adjournment, and had it; and, at the day of hearing, judgment was given for him. The objection to the appeal in the Common Pleas was, that the set-off was a sham to get round the finality of the justice’s jurisdiction of the plaintiff’s demand; and the court, having heard affidavits it was bound to receive, determined that,the fact was so. Shall we who dare not touch them, say otherwise ? The decision was doubtless right; but right or wrong, we cannot review it.

Judgment affirmed.

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Bluebook (online)

18 Pa. 78, 1851 Pa. LEXIS 227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-school-directors-pa-1851.