C. M. Hapgood Shoe Co. v. Saupp

Citations

• 7 Pa. Super. 480
• 1898 Pa. Super. LEXIS 330

Syllabus

<p>Practice, Superior Gourt — Jurisdiction not enlarged by act of 1889.</p> <p>The act of May 9, 1889, P. L. 158, providing for appeals does not enlarge the nature of appellate jurisdiction in matters which theretofore came before the courts on certiorari.</p> <p>Appeals — Certiorari—Practice, Superior Court — Warrant of arrest.</p> <p>An appeal based on proceedings arising under a warrant of commitment issued by a president judge under the Act of July 12, 1842, P. L. 330, must be considered as on certiorari and the writ brings up nothing but what appears on the record. The evidence taken on the hearing is not part of the record. The revisory power of the appellate court extends no further than to see that the judge has kept within the limits of his jurisdiction and has exercised it with regularity.</p> <p>Practice, G. P. — Warrant of arrest — Affidavit—Essential averments.</p> <p>An affidavit for a warrant is not insufficient because made by an attorney and is sufficient in substance when the general averment is in the language of the act, supported by positive averments of fact showing defendant’s unjust refusal to apply money in his hands to the payment of his debts. Such averments give the judge authority to issue the warrant if the evidence is satisfactory to him.</p> <p>A warrant in the precise form prescribed by the third section of the act is not defective in that it omits a portion of the affidavit.' It is sufficient if it briefly sets forth the complaint; for fuller information he must look to the affidavit.</p> <p>Practice, O. P. — Warrant of arrest — Essentials of affidavit and commitment.</p> <p>The warrant of arrest, under the Act of July 12, 1842, P. L. 829, is an interlocutory proceeding,'to hold the defendant to bail, in an action ex contractu, in a case falling within the term of the act.</p> <p>If the allegations of fraud, in the plaintiff’s preliminary affidavit, be substantiated to the satisfaction of the judge, and not denied on oath, or otherw