¶1The section in the law, which points out a particular and the only case, of suspending the proceedings of the justices to judgment, relates only to the trial of facts and the right; and does not restrain a superior court, from examining the regularity of the proceedings, after the justices have tried the facts and the right.
1 Add. 192
M'Clure v. White
Pennsylvania Court of Common Pleas, Alleghany County
Decided March 15, 1794
Pennsylvania Court of Common Pleas, Alleghany County · decided 1794-03-15
Proceedings, on what is called the land-lord and tenant law, before two justices of the peace, were removed by certiorari into the county court. Young and H. Ross, moved to quash the certiorari. 1. Because, under this law, the proceedings can be removed into the court of Common Pleas, only in case of an adverse title. 2. Because this is a summary remedy, which a certiorari would altogether defeat; and 3. Because the certiorari ought not to have issued, but on cause shewn.
Decided 1794-03-15