Pennsylvania County Court Reports; Containing Cases Decided in the Courts of the Several Counties of the Commonwealth of Pennsylvania Volume 41
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ...The cases cited to sustain the contention that plaintiff should have appealed from the prothonotary's action, do not apply to the case now before us, and in such case an appeal would be an unnecessarily cumbersome and dilatory way to correct violations of the rules. Rule absolute. In order to give a justice jurisdiction under act of May 8, 1874, P. L. 123, proof of the affidavit.of plaintiff, or some other person or persons, that defendant is a non-resident of the commonwealth is required. Exception that "justice rendered judgment at 1O o'clock, whereas Sllfflv mons was returnable between 10 and ii o'clock," will be sustained. Certiorari. C. P. Luzerne Co. Oct. T., 1913, N0. 284. J. P. Lord, for defendant. GARMAN, J., July 16, 1913.--Counsel for plaintiff in his brief expressly states that the attachment before the justice was a "proceeding under the act of May 7, 1874, P. L. 123." In order to give the justice jurisdiction the act requires "proof of the affidavit of the plaintiff, or some other person or persons... that the defendant is a non-resident of this com monwealth." The affidavit filed does not comply with the requirements of the statute, and the proceedings are therefore void. The record shows that the justice of the peace rendered judgment at 10 o'clock, whereas the summons was returnable "between the hours of 10 and 11 o'clock." The exception to this proceeding is also sustained. Now, July 16, 1913, the attachment is quashed and the judgment is reversed. Jones 11-Cliflord Township School Directors. School law--Transportation of pupils--School d13rectors--Discretion, ---Act of May I8, 1911, P. L. 309. When school directors exercise the authority vested in...
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- 13 Sep 2013
- Illustrations, black and white