2 Serg. & Rawle 453
Decided June 28, 1816
Supreme Court of Pennsylvania · decided 1816-06-28
In Error. A MOTION was made by Mr. Fisher on behalf of the Commonwealth, to quash the writ of error in this case, because there was no special allocatur. It was an indictment for forcible entry and detainer, on which the defendant had been convicted and fined. alleged, that they could not procure an allocatur from Mr. Bradford, who prosecuted for the Commonwealth: because he was concerned for the defendant: the case being altogether in the nature of-a civil remedy,
Decided 1816-06-28
¶1The act of assembly is positive, that the writ of error shall not issue without a special allocatur. The defendant was indicted, convicted, and fined one dollar. The proceeding partakes both of a criminal and civil nature. The writ of error was founded on the 7th section of the act óf 13th April, 1791, and the same act prescribes the terms on which the writ shall issue. The writ must be quashed.
¶2Writ of error quashed.