Harker v. Elliott

Headnote

The Superior Court cannot reserve questions for hearing before all the judges in a case pending in that court, on appeal from the Register’s court.

Appeal from the Register for the probate of wills, &c. &c.

An application was made to the court to reserve the questions

arising in this case for hearing in bank ; and, after debate, the court considei ed they had not the power to reserve the questions in a case pending in this court as a court of appeals from the register’s decree. If such power does exist, then the court would have the same power in a case here on appeal from the Orphans’ Court, which the constitution certainly does not contemplate.

It is true, the expressions in the constitution (sec. 7,) are large ? but they evidently have reference to cases standing originally in the Superior Court, from the provision immediately following in reference to proceeding in the cause to verdict, &c„