Wyatt v. Szymanski

Citations

• 38 Pa. Super. 525
• 1909 Pa. Super. LEXIS 176

Syllabus

<p>Appeals — Certiorari—Justice of the peace — Judgments—Quashing appeal.</p> <p>Where the court of common pleas in determining whether a justice of the peace has jurisdiction of a cause, considers depositions produced by the defendant, and upon these affirms the judgment, and a consideration of the record of the transcript of the justice shows that it is doubtful whether or not he had jurisdiction, the Superior Court on certiorari will quash appeal from the common pleas, inasmuch as the certiorari does not bring up the depositions, and the upper court has no means of determining whether the contract sued upon was or was not without the jurisdiction of the justice.</p>