Horn & Brannen Manufacturing Co. v. Steelman
Superior Court of Pennsylvania
Appeal, No. 41, Oct. T., 1903, by plaintiff, from order of C. P. No. 3, Philadepbia Co., Dec. T., 1897, No. 806, M. L. D., sustaining exceptions to referee’s report in case of Horn & Brannen Manufacturing Company v. Walter E. Steelman. Exceptions to report of E. Spencer Miller, Esq., referee. The opinion of the Superior Court states the case.
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Appeal, No. 41, Oct. T., 1903, by plaintiff, from order of C. P. No. 3, Philadepbia Co., Dec. T., 1897, No. 806, M. L. D., sustaining exceptions to referee’s report in case of Horn & Brannen Manufacturing Company v. Walter E. Steelman. Exceptions to report of E. Spencer Miller, Esq., referee. The opinion of the Superior Court states the case. JError assigned was (2) in sustaining exceptions to referee’s report and entering judgment contrary to his recommendation without assigning any reason therefor.
1Opinion of the Court
Opinion by
Rice, P. J.,
The appellee’s counsel are quite right in saying that we ought not to reverse the judgment of the court below and enter *127judgment in the defendant’s favor on the report of the referee without having the evidence before us. But there is a preliminary question raised by the second assignment of error the proper determination of which does not require an examination of the evidence taken by the referee. To his report, consisting of findiugs of fact and conclusions of law, and an elaborate aud exhaustive discussion of the legal questions arising upon his findings of fact, the…
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- Appeal of JeanesSupreme Court of Pennsylvania · 1887
- Griffin's AppealSupreme Court of Pennsylvania · 1885
- Furth v. StahlSupreme Court of Pennsylvania · 1903
- Mirkil v. MorganSupreme Court of Pennsylvania · 1889
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