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Alberty v. Dawson

Alberty against Dawson

Alberty v. Dawson, 1 Binn. 105 (1804)
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Court
Supreme Court of Pennsylvania · State Highest Courts
Decided
September 12, 1804
Judges
Shippen, Smith
Citations
1 Binn. 1051804 Pa. LEXIS 42
Headnotes
A justice of the peace cannot enter a judgment upon a warrant of attorney. He must proceed by warrant in the nature of a summons or capias.
Summary
In Error. THIS was a certiorari to the Common Pleas of Philadelphia county. The cause originated before a justice of the peace, who gave judgment for Dawson the plaintiff below, upon a warrant of attorney, without issuing either summons or capias. This judgment was affirmed in the Common Pleas, and upon the removal to this court the proceeding without summons or capias was assigned for error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Shippen

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Shippen C. J.

A limited authority, such as. is given to justices of the peace, must be strictly pursued. They cannot interfere officially in a civil controversy without pursuing the steps pointed out by the act.

Smith J.

It has always been held that if the proceeding was neither by summons nor capias, it ivas irregular.

Per Curiam. Judgment reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1837–1838: 11855–1856: 11887–1888: 118372026peak 1837 · 1

Relies on it most ⓘ

  1. Feger v. Kroh6 Watts 294 (1837)
  2. Truitt Bros. & Co. v. Ludwig, Kneedler & Co.25 Pa. 145 (1855)
  3. Willer v. French27 Ill. App. 76 (1888)

Most recent

  1. Willer v. French27 Ill. App. 76 (1888)
  2. Truitt Bros. & Co. v. Ludwig, Kneedler & Co.25 Pa. 145 (1855)
  3. Feger v. Kroh6 Watts 294 (1837)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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