Legal Opinion

Cayuga Building & Loan Ass'n v. MacMullen

Superior Court of Pennsylvania

Decided March 3, 1911No. Appeal, No. 264PublishedCited by 1 opinion

Appeal, No. 264, Oct. T., 1910, by Byron E. Wrigley, from order of C. P. No. 3, Phila. Co., Dec. T., 1908, No. 2,557, dismissing exceptions to auditor’s report in case of Cayuga Building & Loan Association v. Alexander MacMullen. Exceptions to report of John C. Gilpin, Esq., auditor. The statement of the question involved covered a whole page of the appellant’s paper-book, although the matter was printed in large capitals. It was divided into six separate paragraphs.

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Appeal, No. 264, Oct. T., 1910, by Byron E. Wrigley, from order of C. P. No. 3, Phila. Co., Dec. T., 1908, No. 2,557, dismissing exceptions to auditor’s report in case of Cayuga Building & Loan Association v. Alexander MacMullen. Exceptions to report of John C. Gilpin, Esq., auditor. The statement of the question involved covered a whole page of the appellant’s paper-book, although the matter was printed in large capitals. It was divided into six separate paragraphs. The single assignment of error was as follows: “The learned court erred in dismissing the exceptions of Byron E. Wrigley to the…

1Opinion of the Court

Opinion by

Rice, P. J.,

The single assignment of error is that the court erred *95in dismissing the appellant’s exceptions to the auditor’s findings of fact and conclusions of law. Nineteen exceptions were filed by the appellant, some to findings of fact, others to conclusions of law, and others to the refusal of certain findings and conclusions requested by him. It is contended in the appellee’s paper-book that the assignment should be disregarded because it is in violation of rule XIY of this court, which provides as follows: “Each error relied on must be assigned particularly, and by itself. If…

2Cases cited1 opinion

  1. Mencke v. RosenbergSupreme Court of Pennsylvania · 1902

3Cited by1 opinion

  1. Kalincsak v. Russian Orthodox Catholic Mutual Aid SocietySuperior Court of Pennsylvania · 1917

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