Wallace v. Jameson

Citations

• 179 Pa. 98
• 36 A. 142
• 1897 Pa. LEXIS 610

Syllabus

<p>iChange of venue — Statutes—Acts of March 22,1856 and March 30, J.875.</p> <p>Under the act of April 22, 1856, P. L. 500, relating to change of venue, the president judge may certify his disability, and then must order the case to be heard before “the president judge residing nearest the place of such trial, who shall be disinterested.” By the act of March 30, 1875, P. L. 35, either party may by petition apply for a change of venue. Held, (1) that there is no repugnancy in the two remedies; (2) that the act of March 30, 1875, is cumulative, and was not intended to repeal or supersede the act of March 22, 1856; (3) that the remedy which is first applied must thereafter necessarily be exclusive in the particular case; (4) that when a case is properly certified by an interested judge to the nearest judge, under the act of March 22, 1856, there is no longer any room for the intervention of the act of March 30, 1875; (5) that the provisions of the act of March 30, 1875, show that an application for a change of venue should be promptly made, and should not be deferred until the trial is actually called with a jury at hand.</p> <p>The plaintiff in an action of trespass who was the president judge of the district certified the case to the nearest judge under the act of March 22, 1856. Subsequently a petition for change of venue was presented to the plaintiff, as judge, who referred it to the judge to whom the case had.been already certified, and the latter refused it on the ground that it was already before a judge appointed by law to try it, and who was disinterested. Held, not to be error.</p> <p>Ghange of venue — Disqualification of judge.</p> <p>Objections which merely relate to the judge’s personal opinions or feelings, and not to his legal interest in the case or the question, are not within the statute relating to change of venue, and must be addressed to his discretion.</p> <p>A case was certified by an interested judge to the next nearest judge. The defendants f