Merchants' & Manufacturers' National Bank v. Kern
Supreme Court of Pennsylvania
Appeal, No. 81, Jan. T., 1898, by plaintiff, from judgment of C. P. No. 4, Phila. Co., September Term, 1898, No. 1015, sustaining exceptions to referee’s report. Exceptions to report of referee.
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Appeal, No. 81, Jan. T., 1898, by plaintiff, from judgment of C. P. No. 4, Phila. Co., September Term, 1898, No. 1015, sustaining exceptions to referee’s report. Exceptions to report of referee. On May 6, 1890, the Merchants’ and Manufacturers’ National Bank of Pittsburg recovered a judgment against Howard R. Kern and the William A. Baeder Glue Company for $7,213.23. On February 12, 1893, it issued an attachment in execution on this judgment against William H. Kern as garnishee. On April 8, 1893, William H. Kern died, and Hood Gilpin, Esq., his executor, was substituted as garnishee in his…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
The main contention of the appellant is that the court of common pleas was without power to set aside the referee’s findings of fact and to substitute different findings. The reference was made in accordance with the 3d section of the act of June 16, 1836, and all matters of law were reserved for the decision of the court; but it was agreed that the referee, after reporting upon all matters of fact in controversy, should report to the court lfis conclusions as to the law governing the case with a recommendation as to the form of judgment proper to-be entered.…
2Cases cited4 opinions
- Bruch v. City of PhiladelphiaSupreme Court of Pennsylvania · 1897
- City of Philadelphia v. LinnardSupreme Court of Pennsylvania · 1881
- Jamison v. CollinsSupreme Court of Pennsylvania · 1877
- Southern Maryland R. v. MoyerSupreme Court of Pennsylvania · 1889
3Cited by3 opinions
- Bemis Car Box Co. v. J. G. Brill Co.Court of Appeals for the Third Circuit · 1912
- Mallory's EstateSupreme Court of Pennsylvania · 1930
- Harbaugh's EstateSupreme Court of Pennsylvania · 1935