Davenport v. Jones

17 A. 611, 126 Pa. 271, 1889 Pa. LEXIS 867
CourtSupreme Court of Pennsylvania
DecidedMay 6, 1889
DocketNo. 117
StatusPublished
Cited by1 cases

This text of 17 A. 611 (Davenport v. Jones) 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
Davenport v. Jones, 17 A. 611, 126 Pa. 271, 1889 Pa. LEXIS 867 (Pa. 1889).

Opinion

Opinion,

Mr. Justice Sterrett:

This proceeding under the act of June 24, 1885, P. L. 152, is not according to the course of the common law. It is well settled that a writ of error does not lie in such cases, unless it is expressly provided for. No such provision appears to have [274]*274been made either in that or any other act. It follows, therefore, that the questions intended to be raised are not properly before us. They may perhaps arise hereafter on writ of error to final judgment in the action of ejectment, in case the same is brought either within the time required by the act or after-wards, and the judgment is adverse to plaintiffs in error, but, inasmuch as there is nothing properly before us, at present, we forbear to express any opinion on the subject.

Writ of error quashed.

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Related

Gabler v. Black
60 A. 257 (Supreme Court of Pennsylvania, 1904)

Cite This Page — Counsel Stack

Bluebook (online)
17 A. 611, 126 Pa. 271, 1889 Pa. LEXIS 867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davenport-v-jones-pa-1889.