Citation Numbers: 55 A.2d 762, 358 Pa. 55
Judges: PER CURIAM, December 3, 1947:
Filed Date: 12/2/1947
Status: Precedential
Modified Date: 1/13/2023
In this case the record indicates that judgment was entered by one of three judges comprising Court of Common Pleas No. 1 of Philadelphia County. One judge of the court dissented. We cannot take it for granted that the third judge heard this case and concurred with the one judge entering the judgment.
We decided in Summers v. Kramer, Controller, et al.,
The alleged judgment, therefore, entered in this case by the court below is ordered removed from the record and the case is remitted with a procedendo. This case must be heard by the entire court en banc and no judgment can be entered except by the vote of the majority thereof. See McCormick's ContestedElection,