Fry v. Spatz

Superior Court of Pennsylvania

Fry v. Spatz

29 Pa. Super. 592, 1905 Pa. Super. LEXIS 385

CourtSuperior Court of Pennsylvania

DecidedDecember 10, 1905

DocketAppeal, No. 171

StatusPublished

Cited by3 cases

This text of 29 Pa. Super. 592 (Fry v. Spatz) 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

Fry v. Spatz, 29 Pa. Super. 592, 1905 Pa. Super. LEXIS 385 (Pa. Ct. App. 1905).

Pincite

Opinion

Per Curiam,

This is an appeal from the judgment of the common pleas affirming the judgment of a justice of the peace, which was brought before that court by certiorari. The record shows that the cause of action was within the jurisdiction conferred upon justices of the peace by the act of 1810, and th'e return of the constable shows on its face a valid service of the summons upon the defendant. By the express terms of the 22d section of the act of 1810, the judgment of the common pleas in such a case, when brought before it bjr certiorari, is final. So far as the right to appeal to this court is concerned, the case is not distinguishable from Phœnix Iron Works Company v. Mullen, 25 Pa. Superior Ct. 547, in which the authorities bearing upon the question are collected.

The appeal is quashed at the appellant’s cost.

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Per Curiam,

This is an appeal from the judgment of the common pleas affirming the judgment of a justice of the peace, which was brought before that court by certiorari. The record shows that the cause of action was within the jurisdiction conferred upon justices of the peace by the act of 1810, and th'e return of the constable shows on its face a valid service of the summons upon the defendant. By the express terms of the 22d section of the act of 1810, the judgment of the common pleas in such a case, when brought before it bjr certiorari, is final. So far as the right to appeal to this court is concerned, the case is not distinguishable from Phœnix Iron Works Company v. Mullen, 25 Pa. Superior Ct. 547, in which the authorities bearing upon the question are collected.

The appeal is quashed at the appellant’s cost.

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Bluebook (online)

29 Pa. Super. 592, 1905 Pa. Super. LEXIS 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fry-v-spatz-pasuperct-1905.

Opinion

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