Miller v. Summers

Citations

• 13 Pa. Super. 127
• 1900 Pa. Super. LEXIS 121

Syllabus

<p>Actions — Warrant of arrest — Gertiorari—Acts of July 12,1842, and, May 9, 1889.</p> <p>A certiorari in warrant of arrest proceedings under the Act of July 12, 1842, P. L. 339, brings tip nothing but what appears on the record, and the evidence taken on the hearing is not part of the record. The reviewing power of the Superior Court extends no further in such cases than to see that the judge has kept within the limits of his jurisdiction, and has exercised it with regularity according to law. This revisory jurisdiction has not been enlarged by the Act of May 9, 1889, P. L. 158, providing that all appellate proceedings shall be taken by an appeal.</p> <p>If the affidavit was sufficient to justify the warrant the action of the court below must stand.</p> <p>Actions — Warrant of arrest — Venue — Jurisdiction, G. P. — Trusts and trustees — Act of July 8, 1885.</p> <p>Where defendant received money in Ohio as executor and trustee, and afterward moved to Pennsylvania, he can be sued in Pennsylvania for the money which he has neither accounted for nor paid over. The requirements of the Act of July 8, 1885, P. L. 269, limiting the issue of warrants of arrest to the county where the cause of action arises, or the judgment shall have been entered, means, in such a case as this, the county where the defendant resides and the suit against him has been brought. The causé of action arises in the jurisdiction in which the defendant can be legally sued for his recovery.</p>