Swain v. Brady

Citations

• 19 Pa. Super. 459
• 1902 Pa. Super. LEXIS 130

Syllabus

<p>Justice of the peace — Appeals—Certiorari—Record.</p> <p>The right of appeal from the judgment of a justice of the peace is statutory, and is regulated by the Act of March 20, 1810, 5 Sm. L. 161. Certiorari, on the other hand, is a common-law writ. There is a clear and manifest difference between them. If there be any irregularity in the proceedings, the remedy is by certiorari. If a trial upon the merits is desired an appeal is the proper remedy.</p> <p>Justice of the peace — Hearing case outside of jurisdiction.</p> <p>Where a justice of the peace has jurisdiction of the subject-matter of a suit, and also of the parties, the fact that he heard the case outside of the jurisdiction, is an irregularity which can only be taken advantage of by certiorari. If an appeal is taken from the judgment the irregularity is waived.</p>