Opinion
October 5, 1936.
October 7, 1936.
Practice — Trial — Composition of court — Participation of President Judge.
Refusal of the president judge of a court of common pleas to participate in the trial of an action of ejectment held proper under the circumstances, and action of the remainder of the court in disposing of the questions involved affirmed on appeal.
Before KEPHART, C. J., SCHAFFER, MAXEY, DREW, LINN, STERN and BARNES, JJ.
Appeal, No. 223, March T., 1936, by plaintiffs, from order of C. P. Washington Co., Aug. T., 1931, No. 284, in case of Georgia Roberts, by her next friend, Margaret H. Roberts et al., v. Washington Trust Company (in possession of the Secretary of Banking). Judgment affirmed.
Petition for rule to show cause why verdict directed for defendant should not be set aside for lack of jurisdiction of the trial court.
Rule refused, opinion by CUMMINS, J. Plaintiffs, petitioners, appealed.
Error assigned, among others, was order dismissing petition.
R. H. Locke, for appellants.
Harry F. Moore, for appellee, was not heard.
Argued October 5, 1936.
The questions raised by this appeal were decided in Roberts v. Washington Trust Co., 313 Pa. 584, with the possible exception of the President Judge declining to participate in the trial of the case. His action was perfectly proper. Judge CUMMINS and Judge HUGHES constituted the remainder of the court and they disposed of the questions: Crawford's Estate, 307 Pa. 102, 105.
Judgment affirmed at the cost of appellants.