Commonwealth v. Gillespie

23 A. 393, 146 Pa. 546, 1892 Pa. LEXIS 1260

Opinion

Per Curiam :

Whether pumping an oil well on the Sabhath is a work of necessity, within the meaning of the act of April 22, 1794, is a question of fact; and it has been decided against the defendants by the learned judge of the court below. It is idle, and a great waste of time, to bring such questions here upon a certiorari. The act of April 26,1855, P. L. 321, under which the fines were imposed in these cases, does not provide for an appeal; and upon the writ of certiorari, as we have said in at least a hundred cases, we cannot review the evidence.

Judgment affirmed.

Footnotes

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See § 3. act of April 26, 1855, P. L. 322.