Legal Opinion

Franklin's Appeal

Supreme Court of Pennsylvania

Decided July 11, 1894No. Appeal, No. 48PublishedCited by 7 opinions

Appeal, No. 48, July T., 1894, by Walter M. Franklin, district attorney, from order of O. & T. and Q. S. of Lancaster Co., adjudicating office costs in cases disposed of at.Nov. Sessions, 1893, and dismissing exceptions filed. Adjudication of office costs. From the record it appeared that, on Dee. 4,1893, the court,. Brubaker, J., handed down from the bench to the clerk of the court of quarter sessions a paper which was ordered to be-filed.

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Appeal, No. 48, July T., 1894, by Walter M. Franklin, district attorney, from order of O. & T. and Q. S. of Lancaster Co., adjudicating office costs in cases disposed of at.Nov. Sessions, 1893, and dismissing exceptions filed. Adjudication of office costs. From the record it appeared that, on Dee. 4,1893, the court,. Brubaker, J., handed down from the bench to the clerk of the court of quarter sessions a paper which was ordered to be-filed. The paper was indorsed as follows: “ Opinion of the-court. An adjudication of the office costs in the cases disposed of at the November sessions of the…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

This proceeding is so irregular, and, happily for our judicial history, so entirely unprecedented, that it seems to require a recital of the -main facts. The judge, upon his own motion, without notice and without hearing any of the parties to be *10affected, on examination of the complaints and indictments in certain cases at the previous session of the court, and upon private inquiries, the nature and extent of which and the parties to whom addressed are known only to himself, made what he termed an adjudication of the office costs on said cases, and filed it…

2Cited by7 opinions

  1. Commonwealth v. WilliamsSupreme Court of Pennsylvania · 1931
  2. Stitzel's EstateSupreme Court of Pennsylvania · 1908
  3. Philadelphia Labor's Non-Partisan League Club's Application for Inc.Supreme Court of Pennsylvania · 1937
  4. Patanyi v. DavisSupreme Court of Pennsylvania · 1939
  5. Barth EstateSuperior Court of Pennsylvania · 1951

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