Schuylkill Legal Record Containing Cases Decided by the Judges of the Courts of Schuylkill County Volume 6

Schuylkill Legal Record Containing Cases Decided by the Judges of the Courts of Schuylkill County Volume 6

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ...exercise. Courts are founded on express authority and their duty is to hear and determine according to law. Beyond this the only express authority to interfere in regard to convicts is the pardoning power exclusively in the hands of the executive. The common law principle of the finality of judgments, is at once an answer to the argument and a refutation of the idea, that the power to interpose exists after the term has passed. This principle of finality is sufficiently apparent in our own reports without the necessity of research. "There must be a time." it was said by our Brother Strong in Mathers vs. Patterson 9 Casey, 485, "when the power of a court to open its judgment obtained adversely, ceases. It seems to us therefore to result necessarily from these views that the practice is neither sustainable by the common law, as an inherent power in the courts nor has it ever been received as the common law of the State." This case is followed and affirmed, not only in our jurisdiction but by the courts of other states from the time of its enunciation to the present time. Schoeppe vs. Commonwealth, 65 Pa. page 57; King vs. Brook, 72 Pa. at page 364; In re Sheppard's Contested Election, 77 Pa. at page 302; In re Kensington Turnpike Co., 97 Pa. 272. Mr. Justice Paxson said. " If the court may thus vacate its executed decrees after the term has passed, it may do so after twenty terms have passed." That it has so much power was settled in the case of Commonwealth vs. Malloy, supra. See also Lance vs. Bonnell, 105 Pa. 47; Comm. vs. Nuber, 6 Pa., Superior Ct., 420; Comm. vs. Dunleavy, 16 Pa., Superior Ct. R. 380; Comm. vs. Railroad Co. 41, Superior Ct. R., 29. The question therefore arises, when does the term end? more

Product details

  • Paperback | 138 pages
  • 189 x 246 x 8mm | 259g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236559711
  • 9781236559715