Wallace v. Jameson
Supreme Court of Pennsylvania
Appeal, No. 110, Oct. T., 1896, by defendants, from orders of O. P. Lawrence Co., Dec. T., 1894, No. 54, upon various interlocutory motions. Trespass for libel. From the record it appeared that the suit was begun on October 25,1894. The plaintiff in the suit is the president judge of Lawrence county. On May 1, 1896, he certified of record that he was disqualified to hear the case and referred it to Judge Miller of the 35th district.
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Appeal, No. 110, Oct. T., 1896, by defendants, from orders of O. P. Lawrence Co., Dec. T., 1894, No. 54, upon various interlocutory motions. Trespass for libel. From the record it appeared that the suit was begun on October 25,1894. The plaintiff in the suit is the president judge of Lawrence county. On May 1, 1896, he certified of record that he was disqualified to hear the case and referred it to Judge Miller of the 35th district. On May 25,1896, a petition for "change of venue was presented by defendants to Judge Wallace, who directed it to be presented to Judge Miller. {1) It was…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
It would be sufficient to dismiss this writ for the reason given by the learned judge below, in refusing to regard it as a supersedeas, that the appellants had taken it out and had it in their hands when they moved the court below to quash the array of jurors, and having thus submitted their case to the jurisdiction of the court after the issue of this writ, they are in no position to say now that the record had been removed, and the court wras without authority to proceed. The decisions which hold that the record is to be treated as removed only from the time…
2Cases cited1 opinion
- Commonwealth v. NathansSupreme Court of Pennsylvania · 1847
3Cited by5 opinions
- Commonwealth v. LongSupreme Court of Pennsylvania · 1923
- Highland v. Russell Car & Snow Plow Co.Superior Court of Pennsylvania · 1922
- Commonwealth v. Burns, Pennsylvania Court of Common Pleas, Beaver County1969
- Downer v. Campbell, Pennsylvania Court of Common Pleas, Washington County1934
- Harshaw v. Schofield, Pennsylvania Court of Common Pleas, Crawford County1949