Northumberland Legal Journal (Volume 1) (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: DAVILIO v. DOMINICO Certiorarl?Oalli or affirmation by defendant?Failure to file exceptions. In order to tiring the record into Court on a writ of certlorari directed tu a Justice of the Peace, it is essential (1) that the oath or affirmation required by the Acts of Assembly be administered only by a Judge of the Court, the Prolhonotary, or the Justice before whom the case was tried, and (2) that exceptions must be filed by defendant within twenty days after the return of the writ, In compliance with Section 4, Rule XI of the Rules of Court. Certiorari to F. M. Rowe, J. P. Motion to quash writ of certiorari. Common Pleas of Northumberland County. No. 6, December Term, 1912. Michael Davilio v. Sabastino Dominico. C. C. Lark, for the Plaintiff. T. N. Burke, for the Defendant. MOSER, J., March 7, 1913.?In this case a summons was issued by the justice on the 24th day of August, 1912, and the hearing held on the 30th day of the same month, when a judgment was publicly rendered in favor of the plaintiff and against !hc defendant for the sum of Sixty-five ($65) Dollars and costs. The writ of certiorari was issued out of the Court of Com- iiion Pleas on the 21st day of September, 1912, returnable to ihe first Monday of December of the same year. No recognizance was given when the certiorari was sued out and no exceptions have been filed. On February 27th, 1913, the day fixed [or argument, counsel for the plaintiff filed a motion asking that the writ of certiorari be quashed and the judgment af- (irmed. The first reason assigned by the plaintiff is that the defendant did not file the oath or affidavit, required by the Acts of Assembly when he took out his said writ and we are constrained to believe that the same must be sustained. It is admitted that the defendant mad...