Summers v. Kramer

Citations

• 271 Pa. 189
• 114 A. 525
• 1921 Pa. LEXIS 479

Syllabus

<p>Courts — Judges — Conflict between judges — ■Equal division of opinion — Contract.</p> <p>1. An order made by one of two judges comprising a court, can have 'no legal effect on an executed contract made under the authority of both judges.</p> <p>2. An allegation that one judge understood the total expense to be incurred under a contract would not éxceed a given sum, will not constitute a defense to a claim under the contract, where there is no averment he was misled by the parties thereto.</p> <p>3. No judge of a court has the power to exclude his colleague, against the objection of the latter, from taking part in the hearing and decision of any pending controversy.</p> <p>4. Where the sitting judges are equally divided as to the judgment or decree which should be entered, the motion or rule under consideration fails, and an order should be entered accordingly.</p> <p>5. Where one of two sitting judges, against the protest of his colleague, orders á judgment to be entered, the Supreme Court will direct its removal from the record.</p> <p>6. A judge should refuse to sit in a ease if the controversy depends upon the propriety of an ex parte order made by him, which he insists is proper and his colleague alleges is not.</p> <p>7. When it is apparent the judges of a court are equally divided regarding the decision of a case, growing out of a matter in which theretofore both had acted, each should refuse to sit, and should call in some other judge to decide the controversy.</p> <p>8. It is almost or quite as essential, under our system of government by law, that justice should be judicially administered by the courts, as that it should be administered at all.</p> <p>9. Where the judges of a court of first instance are hopelessly divided in a given case and do not call in another judge to decide it, the Supreme Court will, on appeal, assign it to some other judge for hearing and decision.</p>