Commonwealth v. Zimmerman
Commonwealth v. Zimmerman
Opinion of the Court
This is an appeal from the judgment of the court of quarter sessions affirming, on appeal, a judgment of a justice of the peace in a summary conviction under the Act of April 14, 1905, P. L. 169. The case was heard by the court without a jury, and, of course, the evidence taken on the hearing was not sent up with the record. It is insisted by appellee’s counsel that under the circumstances the opinion of the court must be deemed to contain all the facts that can be considered on this appeal. The defendants certainly have no standing to insist that any other facts can be considered, for it is to be borne in mind that, while this case comes before us by what is called an appeal, it is really but a certiorari. On the facts set forth by the learned judge as the ground of his decision, the judgment was clearly right, and nothing can be profitably added by us to his opinion.
The judgment is affirmed.
Reference
- Cited By
- 4 cases
- Status
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- Syllabus
- Appeals — Summary conviction — Evidence—Record. 1. On an appeal from a judgment of the quarter sessions affirming a judgment of a justice of the peace in a summary conviction under the Posting Notice Act of April 14,1905, P. L.T69, the appellate court cannot consider the evidence or review the findings of fact based upon such evidence. Deed — Waters—Covenant running with land. 2. A provision in a deed that “it is further agreed that the grantee is to have the privilege to fetch water at the spring of the grantor at all times,” does not create a covenant running with the land, and the grantee cannot convey such right to another person. If such person attempts to exercise the right he may be summarily convicted under the Act of April 14, 1905, P. L. 169, if the land upon which the spring is situated has been posted. 3. Where a person goes upon the land of another in order to lay a pipe from a spring to Ms own premises, he cannot relieve himself from the charge of trespass, by asserting that he had laid a pipe from the spring twenty-three years before, if it appears that such pipe had become choked up and had not been used for twenty-one years before the entry.