Harris v. Mercur
Supreme Court of Pennsylvania
Appeal, No. 6, Jan. T., 1902, by plaintiff, from order of C. P. Bradford Co., May T., 1894, No. 640, dismissing exceptions to adjudication in case of Nathaniel C. Harris v. 11. A. Mercur, Executor of Ulysses Mercur, Deceased.
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Appeal, No. 6, Jan. T., 1902, by plaintiff, from order of C. P. Bradford Co., May T., 1894, No. 640, dismissing exceptions to adjudication in case of Nathaniel C. Harris v. 11. A. Mercur, Executor of Ulysses Mercur, Deceased. Exceptions to adjudication of the court in case tried by the court without a jury under the Act of April 22, 1874, P. L. 109. The appellee filed the following motion : The appellee respectively moves the court to quash the writ of certiorari in this case, because the record shows that the appellant, who was the plaintiff below, did not file exceptions to the decision of…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an action of assumpsit. Tlie parties filed an agreement dispensing with trial by jury, and submitted the decision of the case to the court below under the provisions of the Act of April 22, 1874, P. L. 109. The 2d section of this act provides that the decision of the court shall be in writing ánd shall be filed in the office of the prothonotary who shall forthwith give notice thereof to the parties or their attorneys; “ and if no exceptions thereto are filed in the proper office, within thirty days after service of such notice, judgment shall be entered…
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