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29 Pa. Super. 592

Fry v. Spatz

Superior Court of Pennsylvania

Decided December 10, 1905

Superior Court of Pennsylvania · decided 1905-12-10

<p>Appeal, No. 171, Oct. T., 1905, by defendant, from judgment of C. P. Lancaster Co., March T., 1905, No. 30, affirming judgment of justice of the peace in case of John H. Fry v. I. S. Spatz & I. H. Lebo, trading as Spatz & Lebo.</p> <p>Certiorari to justice of the peace. Before Landis, P. J.</p> <p>The opinion of the Superior Court states the case.</p> <p>Error assigned was the judgment of the court.</p>

Appeal quashed · Decided 1905-12-10

Per Curiam,

¶1This is an appeal from the judgment of the common pleas affirming the judgment of a justice of the peace, which was brought before that court by certiorari. The record shows that the cause of action was within the jurisdiction conferred upon justices of the peace by the act of 1810, and th'e return of the constable shows on its face a valid service of the summons upon the defendant. By the express terms of the 22d section of the act of 1810, the judgment of the common pleas in such a case, when brought before it bjr certiorari, is final. So far as the right to appeal to this court is concerned, the case is not distinguishable from Phœnix Iron Works Company v. Mullen, 25 Pa. Superior Ct. 547, in which the authorities bearing upon the question are collected.

¶2The appeal is quashed at the appellant’s cost.

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