Christner v. John

Citations

• 171 Pa. 527
• 33 A. 107
• 1895 Pa. LEXIS 1338

Syllabus

<p>Appeals—Act of May 9, 1889.</p> <p>The act of May 9, 1889, sec. 2, P. L. 158, providing that “ the record on any appeal perfected in the court from which the appeal may be taken, may be filed in the Supreme Court without requiring a writ of certiorari,” refers to appeals from the orphans’ court, appeals in equity, and appeals from decrees distributing money, and does not refer to eases which before the act of 1889 would have required a writ of error.</p> <p>Appeals—Superior Court—Jurisdiction—Act of June 24, 1895.</p> <p>Where an appeal was taken from a judgment on a verdict, prior to the passage of the act of June 24, 1895, P. L. 212, creating the Superior Court, but a certiorari was not issued from the Supreme Court and filed in the court below until after the passage of the act, and the case involves an amount under $1,000, the Supreme Court lias no jurisdiction, as no effective appeal was taken until after the creation of the Superior Court. In such a case the record will be remitted to the Superior Court at the costs of appellant.</p>