Sterrett v. Bull
Supreme Court of Pennsylvania
A ETER the reversal of the judgment in this cause, Frazer il moved the Court to award a venire facias de novo to the court below.
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A ETER the reversal of the judgment in this cause, Frazer il moved the Court to award a venire facias de novo to the court below. The exercise of such a power by the court, he sa.id, would be attended by a saving of time and expense to the parties, who in case of a general reversal of the judgment, without a venire de novo, must resort to a new suit; and he contended that the court as a court of error possessed that authority, as was evident from cases both in England and the United States. In Harwood v. Goodright, (a) Error from the Common Pleas, Lord Mansfield said that the House of Lords…
1Per curiam
We have no doubt that we have power to award a venire facias de novo. It tends to the despatch of justice, as it prevents delay;, and there can be no reason against it but want of precedent in this court, for the cases cited seem to shew full authority. The practice of the Supreme Court of the United States, although not binding upon us, will always command great consideration.
Judgment that the record be remitted with award of Venire de novo.
2Cited by3 opinions
- Spees v. BoggsSupreme Court of Pennsylvania · 1903
- Griffith v. EshelmanSupreme Court of Pennsylvania · 1835
- Fries v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1881