Felts v. Delaware, Lackawanna & Western Railroad
Supreme Court of Pennsylvania
Appeal, No. 360, Jan. T., 1894, by plaintiff, Isaac B. Felts, from order of C. P. Lackawanna Co., June T., 1889, No. 437, discharging rule for change of venue. Petition for change of venue in ejectment.
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Appeal, No. 360, Jan. T., 1894, by plaintiff, Isaac B. Felts, from order of C. P. Lackawanna Co., June T., 1889, No. 437, discharging rule for change of venue. Petition for change of venue in ejectment. Before Smith, J. The petition alleged that defendant company employed a very large number of the citizens of the county in its business ; that a large number of the inhabitants of the county were its stockholders; that the company had practical control of the two principal matters of business transacted in the county; and that the company’s officials had been active in creating a prejudice…
1Opinion of the Court
Per Curiam,
We have no doubt about our jurisdiction in cases arising under the laws relating to a change of venue. The question is as to the extent, of our supervising powers. A motion for a change of venue is addressed to the judicial discretion of the court in which it is made. If the judge declines to hear it we can direct him to proceed to a hearing. If he hears and decides it, whether for or against the motion, we cannot supervise the exercise of his discretionary power unléss an abuse of that power-is alleged and shown. We may think he was mistaken, but that is not enough: Newlin’s…
2Cases cited2 opinions
- Runkle v. Commonwealth ex rel. KeppelmanSupreme Court of Pennsylvania · 1881
- Petition of NewlinSupreme Court of Pennsylvania · 1889
3Cited by8 opinions
- Souder v. PhiladelphiaSupreme Court of Pennsylvania · 1931
- Adelman, Trustee v. J. McShain, Inc.Superior Court of Pennsylvania · 1941
- Banks v. McClainSuperior Court of Pennsylvania · 1944
- Felts v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1895
- Jessop v. IvorySupreme Court of Pennsylvania · 1895
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