Bestwick v. Ormsby Coal Co.
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF MERCER COUNTY. No. 16 October Term 1889, Sup. Ct.; court below, No. 67 March Term 1888, C. P. On February 24, 1888, Thomas Bestwick, trustee, brought assumpsit against the Ormsby Coal Co., Limited, for royalties alleged to be due under a mining grant, for the year 1887. Issue. On May 14, 1888, it was agreed that the cause be submittedto the decision of McMichael, J., 17th district, without a jury.
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APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF MERCER COUNTY. No. 16 October Term 1889, Sup. Ct.; court below, No. 67 March Term 1888, C. P. On February 24, 1888, Thomas Bestwick, trustee, brought assumpsit against the Ormsby Coal Co., Limited, for royalties alleged to be due under a mining grant, for the year 1887. Issue. On May 14, 1888, it was agreed that the cause be submittedto the decision of McMichael, J., 17th district, without a jury. On July 3, 1888, a hearing having been had, the court McMichael, J., filed the following decision: This is an action in assumpsit brought to…
1Opinion of the Court
Opinion,
Mb. Justice Stebbett :
By agreement of counsel, this cause was tried by the court below without the intervention of a jury. All the facts necessary to a proper understanding of the questions that arose appear in the record that was made up by the learned judge who presided at the trial. The cause was well tried. The questions ' now presented by the specifications of error appear to have been fully considered and correctly disposed of. We find nothing in the record that calls for a reversal of the judgment. For the reasons given in the decision of the learned judge, and in his opinion…
2Cited by3 opinions
- Dougherty, Tr. v. Thomas, Exr.Supreme Court of Pennsylvania · 1933
- Fisher v. Maple Block Coal Co.Supreme Court of Iowa · 1918
- Wife v. Tripple State Nat. Gas & Oil Co.Court of Appeals of Kentucky · 1909