Overseers of the Poor of Elderton Borough v. Overseers of the Poor of Plumcreek Township

Citations

• 2 Pa. Super. 397
• 1896 Pa. Super. LEXIS 66

Syllabus

<p>Appeals — Removal of paupers — Jurisdiction, Superior Gt.</p> <p>In appeals from the decree of quarter sessions touching an order of removal of paupers, nothing but the record and that which has been included in it can be considered by the appellate court.</p> <p>Practice, G. P. — Poor law — Exceptions—Record.</p> <p>Under the act of March 16, 1868, P. L. 46, a writ of error is allowed to the decision of the court of quarter sessions on points of evidence and law which have been specifically excepted to and brought upon the record as directed. Evidence and rulings of the court not thus made a matter of record remain with the opinion, beyond the reach of the appellate court.</p> <p>In the case at bar the opinion concludes with the decree of court which is followed by an exception in these words: “ Eo die exception to appellants and bill sealed.” This is the only exception and whether it is aimed at the points or the opinion or the decree is nowhere stated, but whether at one or all it is equally unavailing to bring upon the record any of the matters assigned for error.</p>