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1 Pen. & W. 449

M'Kee's Case

Supreme Court of Pennsylvania

Decided June 15, 1830

Supreme Court of Pennsylvania · decided 1830-06-15

John MKee having deserted his wife and children, she made an application to a justice of the peace for relief, who issued a warrant against John MKee, commanding the constable to, take him, and bring him before him, that he might be bound over to appear at the next Court of Quarter Sessions, to answer the complaint of his wife.

Decided 1830-06-15

Per Curiam.

¶1The Circuit Court is á substitute for the former court of Nisi Prius, with scarce any power beyond the trial of issues, but to render judgment and determine appeals from the Register’s and Orphans’ Courts. There was no necessity, and' consequently no design to give it the general powers and jurisdiction of the Supreme Court, in bank. It clearly has no appellate jurisdiction of proceedings in the Quarter Sessions, when not according to the course of the common law; especially of a proceeding like ilie present, which strongly savours of a civil remedy, and which is particularly committed to that court. Even the Supreme Court in bank could take c.ognizancc of it only for the purpose of quash*450ing it, by a certiorari after judgment,-which-the Circuit Court is expressly restrained from granting',- and although it may remove a cause by habeas corpus, with a view to- the trial of an issue,* 1 it can do so-, only when the issue is according to the course of the common law: beside it is enabled by the terms of the act of ,1799,- from' which it derives its powers, to take cognizance of nothing from the Quarter Sessions but indictments. The present- is not a proceeding for alimony, or one in which the intervention of a jury can be had in any shape; and we are satisfied that the judge- at the Circuit pursued the proper course in remanding it to the Sessions.-

¶2Order of the Circuit Court affirmed,-

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