Harris v. Mercur

Citations

• 202 Pa. 313
• 51 A. 969

Syllabus

<p>Courts — Jurisdiction—Practice— Time.</p> <p>In all cases in the courts where the authority to proceed is conferred by statute, and where the manner of obtaining jurisdiction is prescribed by statute, the mode of proceeding is mandatory, and must be strictly complied with, or the proceedings will be utterly void.</p> <p>When a statute fixes the time within which an act must be done, the courts have no power to enlarge it, although it relates to a mere question of practice.</p> <p>Practice, C. P. — Trial by court without a jury — Exceptions—Time—Act of April 22, 1874, P. L. 109.</p> <p>Where parties by agreement have dispensed with trial by jury, and submitted the decision of their ease to the court under the provisions of the Act of April 22, 1874, P. L. 109, a party who has not filed exceptions within thirty days after notice of the decision of the court, as provided by the act, cannot thereafter file exceptions, although permitted to do so by the trial court, and this is the ease although the other party has filed exceptions within the thirty days.</p> <p>Mitchell, J., dissents.</p>