Legal Opinion

McGinn v. Benner

Supreme Court of Pennsylvania

Decided March 22, 1897No. Appeal, No. 482PublishedCited by 10 opinions

Appeal, No. 482, Jan. T., 1897, by defendant, from decree of C. P. No. 1, Phila. Co., Dec. T., 1894, No. 1005, dismissing exception to report of referee upon bill in equity. Bill in equity for an account and other relief. The facts appear by the opinion of the Supreme Court. Errors assigned were in dismissing exceptions to referee’s report.

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Appeal, No. 482, Jan. T., 1897, by defendant, from decree of C. P. No. 1, Phila. Co., Dec. T., 1894, No. 1005, dismissing exception to report of referee upon bill in equity. Bill in equity for an account and other relief. The facts appear by the opinion of the Supreme Court. Errors assigned were in dismissing exceptions to referee’s report. A plea of stated account is a good bar, for there is no rule more strictly adhered to in this court, than that when the defendant sets up a stated account he shall not be obliged to go upon a general one: Sumner v. Thorpe, 2 Atk. 1; Story’s Eq. Jur., 518,…

1Opinion of the Court

Opinion by

Mr. Justice Williams,

Most of the assignments of error relate to questions of fact upon which the referee has made distinct and specific findings. These findings have been reviewed upon exceptions in the court below and have been concurred in by the learned judge of that court. It is incumbent on one who alleges error in these findings notwithstanding their approval to point out the error plainly. If this is not done by an appellant this court will adopt the conclusions reached by the referee, and approved by the judge *399sitting as chancellor at the hearing in the court below. The…

2Cases cited2 opinions

  1. Allison's AppealSupreme Court of Pennsylvania · 1875
  2. Johnston v. PriceSupreme Court of Pennsylvania · 1896

3Cited by10 opinions

  1. Piercing Pagoda, Inc. v. HoffnerSupreme Court of Pennsylvania · 1976
  2. Armstrong School District v. Armstrong Education Ass'nSupreme Court of Pennsylvania · 1991
  3. Wally v. WallySupreme Court of Pennsylvania · 1926
  4. Klerlein v. Fred Werner Co., Inc.Superior Court of Pennsylvania · 1929
  5. Peters's EstateSuperior Court of Pennsylvania · 1902

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