Gonser v. Smith
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lycoming county: Of January Term 1886, No. 310. Assumpsit by Lewis S. Smith and John W. Rissel who survived Daniel Clapp, late trading .under the firm name of D. Clapp & Co., against John R. Gonsev.
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Error to the Court of Common Pleas of Lycoming county: Of January Term 1886, No. 310. Assumpsit by Lewis S. Smith and John W. Rissel who survived Daniel Clapp, late trading .under the firm name of D. Clapp & Co., against John R. Gonsev. Plea non assumpsit, payment, set off, with leave. « ' • By agreement of the parties, trial by jury was waived, and the ease was reférred to Cummin, P. J., under the Act of April 22d, 1874. The following are the findings of law and of fact by the court: 1. The plaintiffs were extensive manufacturers of lumber at Muncy, in this countjvwhere their mill and lumber…
1Opinion of the CourtJustice Gordon
March 14th, 1887.
In Lee v. Keys, 88 Pa., 175, we held, following Jamison v. Collins, 2 Nor., 359, that a writ of error to a reference under the Act of 22d April, 1874, brought up only questions of law arising on bills of exceptions to the rulings of the judge, and that his conclusions on the facts of the case must be regarded *460in the same manner as the verdict of a jury. This case has since been followed by Brown v. Dempsey, 14 Nor., 243, so that we may regard it as established that this court will not reinvestigate the facts as found by the judicial referee. Such being the case, our task in…
2Cases cited2 opinions
- Winslow, Lanier & Co. v. LeonardSupreme Court of Pennsylvania · 1854
- Lee v. KeysSupreme Court of Pennsylvania · 1879
3Cited by7 opinions
- Commonwealth v. HessSupreme Court of Pennsylvania · 1892
- Puritan Coal Mining Co. v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1912
- Henderson v. JenningsSupreme Court of Pennsylvania · 1910
- Commonwealth v. GuinzburgSuperior Court of Pennsylvania · 1911
- Diehl v. McCormickSupreme Court of Pennsylvania · 1891
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