Wallace v. Jameson
Supreme Court of Pennsylvania
Appeal, No. 117, Oct. T., 1896, by defendants, from judgment of C. P., Lawrence County, Dec. Term, 1894, No. 54, on verdict for plaintiff. Trespass for libel. It appeared from the record tbat suit was begun on October 25, 1894. Subsequently tbe plaintiff was elected president judge of Lawrence county. April 27, 1896, the case was on trial list.
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Appeal, No. 117, Oct. T., 1896, by defendants, from judgment of C. P., Lawrence County, Dec. Term, 1894, No. 54, on verdict for plaintiff. Trespass for libel. It appeared from the record tbat suit was begun on October 25, 1894. Subsequently tbe plaintiff was elected president judge of Lawrence county. April 27, 1896, the case was on trial list. Judge Wallace made the following order: “Now May 1,1896,1 hereby certify that I am disqualified from hearing the above case, and direct that Hon. S. H. Miller, of the 35th district, being the nearest president judge, hear the same, and fix Monday, May…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The first three assignments of error relate to the application for change of venue. At the time’ this suit was brought the Hon. A. L. Hazen was president judge of the district and there was nothing peculiar in the case in respect to the time or place of trial, or the judge to try it. But after suit brought the plaintiff was elected president judge, and of course was ineligible to try the case. In such a situation the statutes point out two remedies. Under the act of April 22, 1856, P. L. 500, the president judge may certify his disability and then must order the…
2Cases cited8 opinions
- Philadelphia v. FoxSupreme Court of Pennsylvania · 1870
- Conroy v. Pittsburgh TimesSupreme Court of Pennsylvania · 1891
- Neeb v. HopeSupreme Court of Pennsylvania · 1886
- Pittock & Mills v. O'NiellSupreme Court of Pennsylvania · 1870
- Barr v. MooreSupreme Court of Pennsylvania · 1878
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3Cited by25 opinions
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- United States v. GilboyDistrict Court, M.D. Pennsylvania · 1958
- O'Donnell v. Philadelphia Record Co.Supreme Court of Pennsylvania · 1946
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