Legal Opinion

Ellmaker v. Buckley

Supreme Court of Pennsylvania

Decided June 6, 1827PublishedCited by 6 opinions

in error. Writ of error to the District Court of Lancaster county, in an action of debt on an award of arbitrators, brought by Daniel Buckley, the defendant in error, against Leonard Ellmaker, the plaintiff in error.

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in error. Writ of error to the District Court of Lancaster county, in an action of debt on an award of arbitrators, brought by Daniel Buckley, the defendant in error, against Leonard Ellmaker, the plaintiff in error. Whilst pending in the court below, a motion was made by the defendant’s counsel, to transfer this cause, together with two others between the same parties, and brought to the same term, to the Court of Common Pleas of Lancaster county, on the ground, that the judge of the District Court had been the attorney of the plaintiff in two earlier suits, from which one of the three…

1Opinion of the Court

The opinion of the court was delivered by

Gibson, C. J.

Although we may not concur in the opinions of the judge of the District Court, in regard ta the identity of the cause of action in the various suits between the parties, we are of opinion the legislature intended to refer the inquiry in this respect to his own discretion. The words of the act, undoubtedly lead to such a conclusion; and a reasonable presumption arises, from the nature of the case, that it was supposed none would be so *77able as he to determine whether he stood in a relation to tlie parties which would disqualify him as a…

2Cited by6 opinions

  1. Floyd v. BovardSupreme Court of Pennsylvania · 1843
  2. Mackinley v. M'GregorSupreme Court of Pennsylvania · 1838
  3. Schuylkill Navigation Co. v. FarrSupreme Court of Pennsylvania · 1842
  4. Moody v. RowellMassachusetts Supreme Judicial Court · 1835
  5. Schnable v. DoughtySupreme Court of Pennsylvania · 1846

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