Petition of Newlin

Citations

• 123 Pa. 541
• 16 A. 737
• 1889 Pa. LEXIS 680

Syllabus

<p>1. The determination oí the question whether a change of venue should bo ordered under the act of March 30, 1875, P. L. 35, authorizing changes of venue in civil causes, is a judicial and not a ministerial act.</p> <p>2. The court or judge is required to hear the application after reasonable notice to the other side, and if, or when, satisfied of the truth of the facts alleged, to make an order changing the venue, but until so satisfied the duty of the court to make the order does not arise.</p> <p>8. This court may compel the performance of the duty to hear and determine, by writ of mandamus, but cannot upon that writ review and correct the conclusions of the court below, and for such purpose a writ of mandamus will be refused.</p>