Com. ex rel. McCracken v. White

Citations

• 161 Pa. 576
• 29 A. 283
• 1894 Pa. LEXIS 736

Syllabus

<p>Judges — Disability of judge — Practice—Acts of April 14,1834; March 18, 1840; April 22, 1856; April 2, 1860; May 1, 1861 — Statutes—Implied repeal.</p> <p>While under the acts of April 2, 1860, P. L. 552, and May 1, 1861, P. L. 494, if a judge is unable from any cause to hold the regular term, he may call in any other judge of the commonwealth to hold it for him, and such judge when so holding the term may try all the causes, including those which the president of the district is prohibited from trying, yet when the president judge of the district is under no disability to hold the regular term, but only to try a particular case, he cannot certify that case, under the act of 1861, to any judge in the commonwealth, but must transmit it to the nearest disinterested president judge under the act of April 22, 1856, P. L. 500.</p> <p>Under the act of April 22, 1856, P. L. 500, the judge called in may try the single ease at the regular term with the regular panel of jurors, thus dispensing with the delay, expense and machinery of a special court as provided by the acts of April 14, 1834, P. L. 349, and March 18, 1840, P. L. 153.</p>