Schwenker & Co. v. Wagner
Schwenker & Co. v. Wagner
Opinion of the Court
Opinion by
The record of the alderman was before the lower court on certiorari. The only exception attacking the record was that the magistrate was disqualified to act in the matter “because he was related to the personnel of the plaintiff company.” The court overruled the exception and affirmed the judgment. This settled the matter. The 22d Section of the Act of March 20,1810, 5 Smith’s Laws 171, Purdon’s Digest, 13th Ed., 1453, provides that “the judgment of the court of common pleas shall be final on all proceedings removed as aforesaid (by certiorari) by the said court and no writ of error shall issue thereon”: Phœnix Iron Works Co. v. Mullen, 25 Pa. Superior Ct. 547.
Appeal quashed.
Reference
- Full Case Name
- Schwenker & Company v. Wagner
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- 2 cases
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- Syllabus
- Justice of the peace — Appeals — Certiorari — Act of March 20, 1910, Section 22, 5 Sm. L. 171. No appeal lies from a judgment of a court of common pleas, on a certiorari to a justice of the peace, where the record does not show lack of jurisdiction either of the parties or the subject-matter.