General
Ex Parte Holker
2 U.S. 1112 Dall. 111·Supreme Court of Pennsylvania·1790·PA
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Opinion
Ex Parte Holker.
DALLAS moved for a special Court to try various actions in which Mr. Holker was defendant, jointly with Duer and Parker; but it was objected by Lewis, that the reason of the act of Assembly, for granting special Courts, did not apply to cases, where there were partners, who could remain, during the usual course of proceeding, to defend the causes, and who did not join in the application.
[MAJORITY — By the- Court :]
By the- Court :
—The objection is not sufficient to justify the refusal of a -motion for a special Court. The. Legislature intended to relieve defendants, who were ready ready and willing to proceed to trial; and accelerating a decision cannot possibly injure the plaintiffs, unlefs some material witness is absent ; which has not been pretended in the present case; The rule for a special Court must, therefore, be granted.