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· 3/26/1894

Felts v. Delaware, Lackawanna & Western Railroad

Citations

  • 160 Pa. 503
  • 28 A. 838
  • 1894 Pa. LEXIS 838

Syllabus

<p>, ,, „ ,. ,. Appeals — Abuse of discretionary power.</p> <p>There is no appeal from a judgment rendered in the exercise of a discretionary power, unless it is specifically given by statute. It is not the use, but the abuse of such a power that gives the Supreme Court its supervising control in such eases.</p> <p>Change of venue — Discretion of court — Appeal.</p> <p>The Supreme Court has no jurisdiction to entertain an appeal from an order of the court of common pleas refusing a change of venue, where it is neither alleged nor shown that the exercise of the discretionary power of the lower court was abused.</p>

Judges: Dean, Fell, McCollum, Mitchell, Williams

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