Diamond Street, Pittsburg

Citations

• 196 Pa. 254
• 46 A. 428
• 1900 Pa. LEXIS 512

Syllabus

<p>Appeals — Certiorari.</p> <p>An appeal in name may be a writ of error or a certiorari in legal effect, and it is necessary in every case to look into the record and determine at the outset whether what is called an appeal is such in fact, ór is a writ of error or a certiorari.</p> <p>Appeals — Certiorari—New jurisdiction — Judicial abuse.</p> <p>Where a-new jurisdiction is created by statute and the court or judge 'exercising it proceeds in a summary method or in a new course different from the common law, a writ of error does not lie, but a certiorari.</p> <p>Certiorari — Testimony—Opinion of the court.</p> <p>On a certiorari neither the testimony nor the opinion of the court below is brought with the record into the appellate court.</p> <p>Appeals — Road law — Act of May 16, 1891, P. L. 79 — Certiorari.</p> <p>Under the act of May 16, 1891, no appeal lies from a decision of the ■court of common pleas determining whether a public improvement was petitioned for by a majority in interest and number of owners of property ■•abutting on the line of the proposed improvement; and on certiorari the ■Supreme Court has no authority to go into the evidence in the case and review the findings of fact that a proper majority had petitioned for the improvement.</p>