Reading Industrial Manufacturing Co. v. Graeff
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Berks county: No. 47, to July Term 1869. This was an action of debt, by Moses K. Graeff against The’ Beading Industrial Manufacturing Company, Jeremiah Miller and others, stockholders in the company. The writ was issued August 3d 1861. The company had been organized in November 1857, under the General Manufacturing Law of April 7th 1849, Pamph.
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Error to the Court of Common Pleas of Berks county: No. 47, to July Term 1869. This was an action of debt, by Moses K. Graeff against The’ Beading Industrial Manufacturing Company, Jeremiah Miller and others, stockholders in the company. The writ was issued August 3d 1861. The company had been organized in November 1857, under the General Manufacturing Law of April 7th 1849, Pamph. L. 563, Purd. 689, and its supplements, one of which was passed March 27th 1854. By the 2d section of that act, Pamph. L. 215, Purd, 694, pl. 32, it is provided that “ the stockholders * * * shall be jointly and…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
— It is necessary to determine as preliminary to the consideration of the principal questions which arise upon this record, whether the court below had power to enter judgment upon the report of the commissioner. He was appointed “to take testimony in this cause, to ascertain and report facts, and to *400state the account between Moses K. Graeff, the plaintiff, and the Reading Industrial Manufacturing Company. The whole evidence submitted to the commissioner to be by him reported to the court. This reference, in the judgment of the court, is…
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