Petition of Splane

Citations

• 123 Pa. 527
• 16 A. 481
• 1889 Pa. LEXIS 679

Syllabus

<p>1. The certificate of the “ presiding judge of the county from whence he came, setting forth that he is of reputable professional standing,” etc., to be filed by an attorney with the certificate of his admission to the Supreme Court, to entitle him to be admitted on motion to practice in “ any other court of the commonwealth,” under the act of May 7, 1885, P. L. 16, as amended by the act of May 19, 1887, P. L. 1ST, must be the certificate of the judge of the county where the applicant last practiced as a resident attorney.</p> <p>2. Moreover, as tlie question whether an attorney shall be admitted to practice by a court of record or not, is a judicial and not a legislative question, the said act of 1887 is an encroachment upon the judicial department of the government, as unwise as it is illegal, and such admission will not be enforced by this court by mandamus.</p> <p>3. An applicant for admission to the bar was twice rejected by the board of examiners of Allegheny county, was subsequently admitted to practice in the courts of Cambria county, and in the Supreme Court, and then applied for admission in the Orphans’ Court of Allegheny county, on motion, under the act of 1887, referred to; his certificate from the presiding judge of Cambria county not showing that he was a resident practicing attorney of Cambria county, the motion was overruled, when he petitioned the Supreme Court for a writ of mandamus; Refused.</p>