Korman's Application for Mandamus v. McPherson
Supreme Court of Pennsylvania
Petition by Lyman Korman for mandamus against Hon. John B. McPherson. The petition for mandamus averred substantially as follows: In December, 1893, the case of Lyman Korman v. A. G. Morris was tried in the common pleas of Centre county, before Judge McPherson of the 12th district, specially presiding, and the two associate judges of Centre county.
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Petition by Lyman Korman for mandamus against Hon. John B. McPherson. The petition for mandamus averred substantially as follows: In December, 1893, the case of Lyman Korman v. A. G. Morris was tried in the common pleas of Centre county, before Judge McPherson of the 12th district, specially presiding, and the two associate judges of Centre county. Judge McPherson was called to preside by Judge Furst under the provisions of the act of 1887, P. L. 14. The jury rendered a verdict for defendant; whereupon plaintiff made a motion for a new trial which was duly argued in Bellefonte before Judge…
1Opinion of the Court
Per Curiam,
This application for a mandamus, etc., is ruled by Glamorgan Iron Co. v. Snyder, 84 Pa. 397.
In that case the several acts of assembly relating to special courts were considered and construed adversely to the contention of the petitioner in this case. In disposing of the pending motion for a new trial as he did, the learned judge who specially presided at the trial acted within the scope of the authority vested in him by the second section of the act of May 5, 1864, which provides : “ For the purpose of expediting and furthering the business of special courts, holden by any…
2Cases cited1 opinion
- Glamorgan Iron Co. v. SnyderSupreme Court of Pennsylvania · 1877
3Cited by2 opinions
- Huntingdon County LineSuperior Court of Pennsylvania · 1898
- Commonwealth v. CollomSuperior Court of Pennsylvania · 1896