In re the Appeal of Torr
This text of 1 Rawle 76 (In re the Appeal of Torr) 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.
Opinion
In every sort of appeal, whether with, or without Certiorari, the practice is to send up the original papers, as far as is practicable. The dockets cannot be removed, and transcripts of the particular entries, necessarily, supply their place. But here there is a Certiorari to remove the record; and, where this writ issues from a superior to an inferior court, whatever may be the law in other instances, the original record is to be retoned. We are of opinion, therefore, that, to return a transcript, would neither agree with our own practice, nor answer the exigence of the writ, at the common law.
Rule made absolute»
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Cite This Page — Counsel Stack
1 Rawle 76, 1828 Pa. LEXIS 74, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-appeal-of-torr-pa-1828.