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17 Serg. & Rawle 249

Virtue v. Patterson

Supreme Court of Pennsylvania

Decided May 12, 1828

Supreme Court of Pennsylvania · decided 1828-05-12

APPEAL. Appeal by the defendant from the order of the Circuit' Court, directing a procedendo in this' cause, which had been removed from the District Court of Dauphin county to the Circuit Court of that county.

Decided 1828-05-12

Pee Curiam.

¶1An appeal from the judgment or order of a Circuit Court, lies only in cases specified in the act of the 20th of March, 1799. These are, demurrer; special verdict; case stated; point reserved; motion in arrest of judgment, or for new trial; or to set aside a judgment, discontinuance, or non pros.” It is clear, then, this appeal cannot be sustained. And it is equally clear that the judgment of the Circuit Court was right, the cause of action palpably appearing to be below the limit of the court’s jurisdiction.

¶2Appeal quashed.

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