McCandless v. McWha
Supreme Court of Pennsylvania
Error to the Common Pleas of Beaver county. This cause having been regularly reached, the counsel for the plaintiff in error moved that it be continued, on the ground that the bill of exceptions had not been sealed and sent up with the record. It appeared that the president judge, before whom the cause had been tried, had died without sealing a bill, and it was insisted, in opposition to the motion, that a continuance would be useless, as no bill could now be sealed.
1Opinion of the Court
The opinion of the Court was delivered, by
Lowrie, J.
We continued this cause immediately after the hearing of the motion, and promised, at our earliest convenience, to indicate, in writing, the remedy which is appropriate to such a case. The question has, at present, considerable practical importance ; because many cases are so situated, occasioned by the death and resignation of judges and the expiration of their term of office.
In our practice, jury trials are had before the Court, as such, and not before a judge merely, as at Nisi Prius. Exceptions to evidence and to the charge, taken at the…
2Cited by1 opinion
- Warner v. Lehigh Valley RailroadSuperior Court of Pennsylvania · 1909