Smyers v. Albert
Superior Court of Pennsylvania
Appeal, No. 21, Oct. T-, ,1912, by defendant, from judgment of C. P. Clearfield Co., May T., 1909, No. 275, on case tried by the court without a jury in suit of G. W. Smyers and C. A. McDonald, trading as Smyers & McDonald, v. W. H. Albert. Exceptions to judgment entered in a case tried by the court without a jury under the Act of April 22, 1874, P. L. 109. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 21, Oct. T-, ,1912, by defendant, from judgment of C. P. Clearfield Co., May T., 1909, No. 275, on case tried by the court without a jury in suit of G. W. Smyers and C. A. McDonald, trading as Smyers & McDonald, v. W. H. Albert. Exceptions to judgment entered in a case tried by the court without a jury under the Act of April 22, 1874, P. L. 109. The facts are stated in the opinion of the Superior Court. Error assigned was the final order quoted in the opinion of the Superior Court.
1Opinion of the Court
Opinion by
Moebison, J.,
This was an action of assumpsit on a book account and the parties waived a jury trial and submitted the case to the court below in accordance with the provisions of the Act of April 22, 1874, P. L. 109.
' On July 24, 1911, the findings of fact, conclusions of law and opinion of the court were filed, said papers being indorsed “findings, opinion and judgment.” The eleventh finding by the court below was as follows: “That the balance due the plaintiffs and to which they are entitled *165to judgment against the defendant is $751.74, with interest from October 1, 1907, making a…
2Cases cited2 opinions
- Harris v. MercurSupreme Court of Pennsylvania · 1902
- Paul v. GrimmSupreme Court of Pennsylvania · 1898