Warner v. McMullin
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS NO. 2 OP ALLEGHENY COUNTY, IN EQUITY. No. 236 October Term 1888, Sup. Ct.; court below, No. 166 July Term 1886, C. P. No. 2 in equity. On April 26, 1886, Henry Warner, assignee of the Penn Bank, for the benefit of ereditors, filed a bill in equity against M. K. McMullin, W. N. Riddle and John P. Beall.
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APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS NO. 2 OP ALLEGHENY COUNTY, IN EQUITY. No. 236 October Term 1888, Sup. Ct.; court below, No. 166 July Term 1886, C. P. No. 2 in equity. On April 26, 1886, Henry Warner, assignee of the Penn Bank, for the benefit of ereditors, filed a bill in equity against M. K. McMullin, W. N. Riddle and John P. Beall. Answers of the respondents having been filed, the cause was referred to Mr. W. B. Rodgers, appointed examiner and master, whose report, filed on October 5,1887, was in part as follows: The plaintiff in his bill avers that the Penn Bank was a…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson :
The specifications of error from one to six, inclusive, allege that the master erred in his findings of fact. Moreover, they are not properly assigned, being to the action of the master and not of the court, and might well be dismissed for that reason alone. All of the master’s findings, however, have been approved by the court below, and are entitled to the weight of the verdict of a jury. While there was conflicting evidence upon some of the questions of fact involved, and I am not sure, were the testimony before me as a master, that I would not have found…
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