Murray's Petition

Citations

• 262 Pa. 188
• 105 A. 61
• 1918 Pa. LEXIS 618

Syllabus

<p>Practice, G. P. — Associate judges — Power to overrule president judge — Questions of law and fact — School directors — Contracts exceeding $800 — Notice—Competitive bids — Neglect of duty — Removal — Discretion—Judgment—Fraction of day — Appeal — Gertiorari — Act of May 18,1911, P. L. 809.</p> <p>1. The associate lay Judges constitute a majority of the court and may decide a case heard before the three Judges against the opinion and dissent of the president Judge wherever it depends upon questions of fact.</p> <p>2. Associate lay Judges cannot overrule the president Judge on a question of law.</p> <p>3. The president Judge cannot forestall the action of a majority of the court by filing his opinion first. If he .attempts so to do, and, on the same day, the associate lay Judges file a decision contrary to that of the president Judge, the decision of the lay Judges is the decision of the court.</p> <p>4. In proceedings under Section 217 of the School Code of May 18, 1911, P. L. 309, for the removal of school directors for neglect of official duty, where the case was heard before a president Judge and two associate lay Judges, and the evidence was conflicting as to whether Section 617 of the said act requiring contracts involving expenditures in excess of $800 to be let after public notice and competitive bidding was violated (the case turned on whether the evidence showed there were two contracts honestly made or only one), the decision of the lay Judges filed after the decision of the president Judge, but on the same day and contrary to the decision of the president Judge, was the decision of the court.</p> <p>5. On appeal to the Supreme Court from the decision of the court below, rendered in such case, the Supreme Court inspects the record as on certiorari, and can only examine the testimony to ascertain whether the court below had Jurisdiction, and whether or not it abused its legal discretion, and if the record discloses- no error in these particulars the Judg