Opinion
March 5, 1929.
March 12, 1929.
Practice — Failure of Court to consider case in banc — Effect.
Where a case is submitted to, but not considered by the court in banc, judgment will be reversed on appeal, and the record remitted for consideration and decision by the court in banc.
Appeal No. 26, February T., 1929, by defendants from judgment of C.P., Lackawanna County, March T., 1928, No. 458, in the case of County of Lackawanna ex rel. J.E. Streater et al., Taxpayers, v. Morgan Thomas, Louis H. Von Bergen and Thomas A. Quinlan.
Before TREXLER, KELLER, LINN, GAWTHROP and CUNNINGHAM, JJ. Reversed.
Appeal from Controller's report. Before NEWCOMB, P.J.
The opinion of the Superior Court states the case.
Judgment for plaintiffs in the sum of $1,894.19. Defendants appealed.
Error assigned was the order of the court.
John P. Kelly, and with him W.R. Lewis, H.L. Taylor and Joseph O'Brien, for appellants.
George Morrow, for appellees.
Argued March 5, 1929.
It appearing that the court in banc did not consider and decide this case, the judgment is reversed and record remitted for consideration and decision by the court in banc: see McCormick's Contested Election, 281 Pa. 281; Sterrett v. MacLean, 293 Pa. 557.