Rules Orders For Regulating The Practice Of The Supreme Court Courts Of Common Pleas And The Circuit Courts In The State Of Pennsylvania

Author : William A. Hayes
Publisher : Forgotten Books
ISBN 13 : 9780484025997
Total Pages : 244 pages
Book Rating : 4.0/5 (259 download)

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Download or read book Court Rules written by William A. Hayes and published by Forgotten Books. This book was released on 2017-12-18 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Court Rules: Comprising Those of the Supreme Court of Pennsylvania, With the Equity Rules, and the Rules of the Courts of Common Pleas and Quarter Sessions and of the Orphans' Court of Philadelphia County A rule of court is an order made by a court of competent power for the purpose of regulating the practice therein. It is either general or special. General when it is a standing order and regulates the practice of the court in all similar cases. Special when it is an order made and applying to a particular case only. II. - Authority of Courts to make Rules. The authority of courts of record to establish general rules of court is inherent, and may be confirmed by legislative enactment. The power to make rules regulating its practice, is inherent in every court of record, and existed prior to any express legislative enactment. Barry vs. Randolph, 3 Buin. 277 (Dec. 22, 1810). Courts must of necessity possess this power, in order to facilitate business, prevent unnecessary delay, and promote substantial justice. Duncan vs. Bell, Johnston, Jack & Co., 28 Pa. st. 516 (Armstrong, J., 1857). "Without this power, it would be impossible for courts of justice dispatch the public business." Snyder et al. vs. Bauchman, 8 S. and R. 336 (Duncan, J., June, 1812.) That the power inherently exists in the courts of this state, is established beyond question. Barry vs. Randolph (supra), Vanatta vs. Anderson, 3 Binll, 417 (Apr. 2, 1811); Snyder et al. vs. Bauchman (supra); Duncan vs. Bell, Johnston, Jack & Co., (supra); Rusell vs. Archer, 76 Pa. st., 473 (Mercur, J., Jan 4, 1875); Lehman vs. Howley, 95 Pa. st., 295 (Sterrett, J., Oct. 18, 1880); Wilkesbarre vs. Felts, 134 Pa. st., 529 (May 5, 1890.) About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.