Porch Bros. v. Davis

Supreme Court of Pennsylvania
Porch Bros. v. Davis, 268 Pa. 378 (Pa. 1920)
112 A. 33; 1920 Pa. LEXIS 697
Brown, Kephart, Moschzisker, Simpson, Stewart, Walling

Porch Bros. v. Davis

Opinion of the Court

Per Curiam,

Tbe bill which tbe appellants filed in tbe court below prayed for tbe same relief they ask for here in a petition to stay tbe writ of habere facias possessionem. That bill has this day been reinstated: see October Term, 1920, No. 148 [the preceding case]; and tbe refusal of a rule to show cause why tbe writ of execution should not be stayed was not error. Tbe same day tbe rule was refused by tbe president judge of tbe court bis colleague made an order staying tbe execution, pending “tbe making up and filing of tbe record in tbe equity case and until tbe complainants have had an opportunity to perfect their appeal from tbe decree entered to tbe Supreme Court.” On the same day this staying order was set aside by tbe president judge of tbe court below, and this appellants allege was error, as be was without authority to do so at chambers. Tbe staying order of tbe associate judge has expired by its own limitation, as tbe appeal in tbe equity case has been disposed of. Tbe question of tbe authority of tbe president judge to set aside tbe staying order of bis colleague is, therefore, but a moot one.

Appeal dismissed at appellants’ costs.

Reference

Full Case Name
Porch Bros., Inc. v. Davis
Status
Published
Syllabus
Appeals — Conflicting orders of lower court — Moot question. Where the president judge of the lower court refused a rule to show cause why an execution should not be stayed, and on the same day the associate judge made an order staying the execution pending the perfecting of an appeal in equity proceedings raising the game question, and on the same day the president judge at chambers set aside the order of the associate judge, an appeal from the order of the president judge, in so doing, will be dismissed as raising but a moot question, where it appears that the equity proceedings were disposed of in the Supreme Court. The staying order of the associate judge expired by' its own limitation.