Eyre v. Berry
Supreme Court of Pennsylvania
Appeal, No. 175, Jan. T., 1917, by defendant, from order of C. P. Chester Co., Jan. T., 1917, No. 24, refusing change of venue in case of T. L. Eyre v. William H. Berry. Petition for change of venue. From the record it appeared that the petition was presented on the day when the case was listed for trial. The facts appear in the following opinion of Landis, P. J., specially presiding.
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Appeal, No. 175, Jan. T., 1917, by defendant, from order of C. P. Chester Co., Jan. T., 1917, No. 24, refusing change of venue in case of T. L. Eyre v. William H. Berry. Petition for change of venue. From the record it appeared that the petition was presented on the day when the case was listed for trial. The facts appear in the following opinion of Landis, P. J., specially presiding. It has been said, in Wallace v. Jameson, 179 Pa. 98, that an application for a change of venue on the day of trial is tardily made, and it seems to be intimated by the appellate court that, unless seme good…
1Opinion of the Court
Per Curiam,
It has not been shown that the learned judge, specially presiding below, abused his discretion in dismissing the *526appellant’s petition for a change of venue, and this appeal canuot, therefore, be sustained: Everson v. Sun Company, 215 Pa. 231; Pittsburgh & Allegheny Bridge Company v. Allegheny County, 239 Pa. 67. As to the contention of the appellant that a rule to show cause ought to have been granted, it need only be said that his petition did not ask for it, and on the day the answer of the plaintiff was filed the defendant submitted himself to the court on his petition and the…
2Cases cited2 opinions
- Everson v. Sun Co.Supreme Court of Pennsylvania · 1906
- Pittsburgh & Allegheny Bridge Co. v. Allegheny CountySupreme Court of Pennsylvania · 1913
3Cited by1 opinion
- Pennsylvania Power & Light Co. v. Gulf Oil Corp.Superior Court of Pennsylvania · 1979