Commonwealth ex rel. Scott v. McAleese

Citations

• 10 Pa. Super. 286
• 1899 Pa. Super. LEXIS 274

Syllabus

<p>Jurisdiction, Superior Oourt — Habeas corpus — Revisory jurisdiction over the decree is the test upon habeas corpus.</p> <p>Where the proceedings attacked by an application to the Superior Oourt for a writ of habeas corpus were in the common pleas and by reason of the amount in controversy are not reviewable in the Superior Oourt, that court has no authority to discharge the relator even if his contentions are well founded.</p> <p>The Superior Oourt may not acquire jurisdiction by issuing a writ of habeas corpus instead of certiorari. Its jurisdiction, upon habeas corpus, to annul a decree or judgment of the lower court is limited by the revisory jurisdiction over them.</p> <p>Fraudulent insolvency — Effect of bankrupt act not decided.</p> <p>The question as to the effect of the bankrupt act upon prior commitments for trial on the charge of fraudulent insolvency and whether such commitments are illegal and void because the statutory provisions under which they were issued have been superseded by the bankrupt law of 1898, not decided.</p>