1 Binn. 105
Decided September 12, 1804
Supreme Court of Pennsylvania · decided 1804-09-12
In Error. THIS was a certiorari to the Common Pleas of Philadelphia county. The cause originated before a justice of the peace, who gave judgment for Dawson the plaintiff below, upon a warrant of attorney, without issuing either summons or capias. This judgment was affirmed in the Common Pleas, and upon the removal to this court the proceeding without summons or capias was assigned for error.
Good law ✅— No negative treatment on recordhow we know
Decided 1804-09-12
Cited by 3 later decisions — most recently July 1888
3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1A 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.
¶2It has always been held that if the proceeding was neither by summons nor capias, it ivas irregular.