Ex Parte Holker, 2 Dall. 111 (Pa. 1790)

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.

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 and willing to proceed to trail; and accelerating a decision cannot possibly injure the plaintiffs, unless some material witness is absent; which has not been pretended in the present case. The rule for a special Court must, therefore, be granted.