Carroll v. Barnes & Erb Co.

Superior Court of Pennsylvania

Carroll v. Barnes & Erb Co.

11 Pa. Super. 590, 1899 Pa. Super. LEXIS 181

CourtSuperior Court of Pennsylvania

DecidedNovember 20, 1899

DocketAppeal, No. 26

StatusPublished

Cited by4 cases

This text of 11 Pa. Super. 590 (Carroll v. Barnes & Erb Co.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carroll v. Barnes & Erb Co., 11 Pa. Super. 590, 1899 Pa. Super. LEXIS 181 (Pa. Ct. App. 1899).

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Opinion

Opinion by

Rice, P. J.,

By the 22d section of the Act of March 20, 1810, 5 Sm. L. 161, the judgment of the common pleas upon certiorari to the judgment of a justice of the peace in actions brought under that act was final, “ and,” to quote the language of the act, “ no writ of error shall issue thereon.” " This was not changed by the Act of May 9, 1889, P. L. 158, nor by the Act of June 24, 1895, P. L. 212, establishing this court and defining its jurisdiction: Colwyn v. Tarbotton, 1 Pa. Superior Ct. 179. The question was fully considered in that case-and we need not go over the ground again. It is true the act of 1810 refers, in terms, to justices of the peace only, but as was said in Spicer v. Rees, 5 R. 119, of the finality of the judgment of the common pleas on certiorari to the judgment of the mayor in civil actions, so it may be said of magistrates in Philadelphia, they are “ clothed with no other jurisdiction than that of an alderman who is virtually a justice, and whose proceedings can be dealt with by the courts of record only as such.”

The appeal is quashed.

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Opinion by

Rice, P. J.,

By the 22d section of the Act of March 20, 1810, 5 Sm. L. 161, the judgment of the common pleas upon certiorari to the judgment of a justice of the peace in actions brought under that act was final, “ and,” to quote the language of the act, “ no writ of error shall issue thereon.” " This was not changed by the Act of May 9, 1889, P. L. 158, nor by the Act of June 24, 1895, P. L. 212, establishing this court and defining its jurisdiction: Colwyn v. Tarbotton, 1 Pa. Superior Ct. 179. The question was fully considered in that case-and we need not go over the ground again. It is true the act of 1810 refers, in terms, to justices of the peace only, but as was said in Spicer v. Rees, 5 R. 119, of the finality of the judgment of the common pleas on certiorari to the judgment of the mayor in civil actions, so it may be said of magistrates in Philadelphia, they are “ clothed with no other jurisdiction than that of an alderman who is virtually a justice, and whose proceedings can be dealt with by the courts of record only as such.”

The appeal is quashed.

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Bluebook (online)

11 Pa. Super. 590, 1899 Pa. Super. LEXIS 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carroll-v-barnes-erb-co-pasuperct-1899.

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