25 Pa. Super. 547 | Pa. Super. Ct. | 1904
This is an appeal from the judgment of the common pleas affirming the judgment of an alderman and ex officio justice of the peace, which was brought before that court by certiorari. The 22d section of the Act of March 20, 1810, 5 Smith’s Laws, 161, 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.” The law in this particular was not changed by the Act of July 7, 1879, P. L. 194, extending the jurisdiction of justices to the sum of $300 — Pennsylvania Pulp & Paper Co. v. Stoughton, 106 Pa. 458 — nor by the Act of May 9, 1889, P. L. 158, giving the name appeal to all appellate proceedings, nor by the Act of June 24,1895, P. L. 212, establishing this court and defining its jurisdiction. Both before and since those acts it has been enforced by quashing appeals in numerous cases, many of which are cited in Crumley v. Crescent Coal Co., 13 Pa. Superior Ct. 231. See also Palmer v. Lacock, 107 Pa. 346, and Jacobs v. Ellis, 156 Pa. 253. In Murdy v. McCutcheon, 95 Pa. 435, where the Supreme Court reviewed and reversed the judgment of the common pleas affirming the judgment of a justice of the peace, the question of jurisdiction seems not to have been raised by counsel nor considered by the court, at least it is not discussed in the opinion. In Crumley v. Crescent Coal Co., supra, we said: “ It is urged that the section does not apply where the magistrate has not jurisdiction, and in support of this position the case of Fowler v. Eddy, 110 Pa. 117, is cited. On the other hand see Borland v. Ealy, 43 Pa. 111, and Diehm v. Parkes, 1 Mona. 174. We do not deem it necessary to discuss this question. It is sufficient for
The appeal is quashed.