Virtue v. Patterson

Supreme Court of Pennsylvania

Virtue v. Patterson

17 Serg. & Rawle 249, 1828 Pa. LEXIS 14

DecidedMay 12, 1828

StatusPublished

This text of 17 Serg. & Rawle 249 (Virtue v. Patterson) 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

Virtue v. Patterson, 17 Serg. & Rawle 249, 1828 Pa. LEXIS 14 (Pa. 1828).

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Opinion

Pee Curiam.

An appeal from the judgment or order of a Circuit Court, lies only in cases specified in the act of the 20th of March, 1799. These are, “ demurrer; special verdict; case stated; point reserved; motion in arrest of judgment, or for new trial; or to set aside a judgment, discontinuance, or non pros.” It is clear, then, this appeal cannot be sustained. And it is equally clear that the judgment of the Circuit Court was right, the cause of action palpably appearing to be below the limit of the court’s jurisdiction.

Appeal quashed.

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Pee Curiam.

An appeal from the judgment or order of a Circuit Court, lies only in cases specified in the act of the 20th of March, 1799. These are, “ demurrer; special verdict; case stated; point reserved; motion in arrest of judgment, or for new trial; or to set aside a judgment, discontinuance, or non pros.” It is clear, then, this appeal cannot be sustained. And it is equally clear that the judgment of the Circuit Court was right, the cause of action palpably appearing to be below the limit of the court’s jurisdiction.

Appeal quashed.

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Bluebook (online)

17 Serg. & Rawle 249, 1828 Pa. LEXIS 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/virtue-v-patterson-pa-1828.