Overseers of Liberty Township v. Overseers of Castanea Township
Overseers of Liberty Township v. Overseers of Castanea Township
Opinion of the Court
Opinion by
The right of appeal from the judgment or decree of the court of quarter sessions in the determination of appeals from orders of removal, in pursuance of which paupers have been removed from one district to another, is purely statutory. It is provided by the act of the 16th of March, 1868. The remedy is to be pursued in strict accordance with the provisions of this act. The act has been construed and the mode of procedure under it carefully pointed out by the Supreme Court whose decisions therein have been followed by this court in several cases. In Lower Augusta v. Selinsgrove, 64 Pa. 166, the Supreme Court said: “ The general exception to the opinion of the court below is not an exception to any point of evidence or of law.” The
Reference
- Full Case Name
- Overseers of Liberty Township, Centre County v. Overseers of Castanea Township, Clinton County
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Appeals — Removal of paupers — Jurisdiction, Superior Gt. In appeals from the decree of the quarter sessions touching an order of removal of paupers, nothing but the record and that which has been included in it can be considered by the appellate court. Practice, G. P. — Poor law — Exceptions—Record. Under the Act of March 16, 1868, P. L. 46, a writ of error is allowed to the decision of the court of quarter sessions on points of evidence and law which have been specifically excepted to and brought upon the record as directed. Evidence and rulings of the court not thus made a matter of record remain with the opinion, beyond the reach of the appellate court. In the case at bar the opinion concludes with the decree of court which is followed by an exception in these words : “ Counsel for plaintiffs except to the opinion of the court and pray that a bill be sealed.” Answer. “Bill sealed.” This is the only exception.