Supreme Court of Pennsylvania, 1804

Alberty v. Dawson

Alberty v. Dawson
Supreme Court of Pennsylvania · Decided September 12, 1804 · Shippen, Smith
1 Binn. 105; 1804 Pa. LEXIS 42

Alberty v. Dawson

Opinion of the Court

Shippen C. J.

A limited authority, such as. is given to justices of the peace, must be strictly pursued. They cannot interfere officially in a civil controversy without pursuing the steps pointed out by the act.

Smith J.

It has always been held that if the proceeding was neither by summons nor capias, it ivas irregular.

Per Curiam. Judgment reversed.

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