Harris v. Hay
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 3, of Philadelphia county: Of January Term, 1885, No. 325. This was an attachment execution on a judgment in which John Hay is plaintiff, aud Jacob Culbertson is defendant. Henry G. Harris was summoned as garnishee. After plea by the garnishee the case was referred to a Referee under the Act of May 14th, 1874, by agreement of parties.
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Error to the Court of Common Pleas No. 3, of Philadelphia county: Of January Term, 1885, No. 325. This was an attachment execution on a judgment in which John Hay is plaintiff, aud Jacob Culbertson is defendant. Henry G. Harris was summoned as garnishee. After plea by the garnishee the case was referred to a Referee under the Act of May 14th, 1874, by agreement of parties. The garnishee, to show that there was nothing due from him to the defendant, produced evidence of a full settlement between him and the defendant and presented a receipt from the defendant in full of all demands. The…
1Opinion of the CourtJustice Paxson
The report of the Referee in this case is fatally defective. There is no such separate and distinct findings of facts and conclusions of law, as Ave have again and again said are essential: Marr v. Marr, 103 Pa. St., R., 463 ; Sweigard v. Wilson, 106 Id., 207. It is not enough that by going carefully through the entire report we might be able to separate the Referee’s findings from the testimony which he cites, and the arguments Avhich he adduces in support of his views. It is the busiuess of the Referee to separate them. It was held in Butterfield v. Lathrop, 71 Pa. St. R., 225, that the…
2Cited by6 opinions
- Benseman v. Prudential Insurance Co. of AmericaSuperior Court of Pennsylvania · 1900
- Paige v. PaigeSuperior Court of Pennsylvania · 1913
- Haze v. Home Friendly Insurance Co. of MarylandSuperior Court of Pennsylvania · 1937
- Paine v. Standard Plunger Elevator Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1911
- Cooper v. CooperSuperior Court of Pennsylvania · 1915
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